A condescending and non-remorseful retort of ‘go get a lawyer’ has come back to haunt two manner less rugby player.
The duo were yesterday found guilty of raping a musician last year by chief magistrate Martha Mutuku
Alex Mahaga and Frank Wanyama were accused of gang raping the singer overnight on her birthday in February last year.
Mutuku found the sexually assaulted musician’s testimony more believable than that of the accused. The lawyer further revealed that the magistrate held that there was no express consent of intercourse.
The Kenya Harlequin FC players were accused of sexually the woman at Seefar Apartments in Highrise, Nairobi, on February 10.
The duo was arrested after the woman claimed they attacked her when she went to one of their houses after her birthday celebration. Telling her story via social media, she claimed that she was drugged before the ordeal and added that she was pregnant.
“I was slipping in and out of consciousness, maybe due to shock but I was helpless. I could not fight two men who play rugby professionally. Obviously, they were stronger, hence, I let them do whatever they wanted to do the whole night,” she claimed.
“I could have reported the case to the police but I was in denial, shock, pain and exhausted. I did not want to report also because of the profile of one of these rugby players.”
In her police statement, the musician said she tried to confront Wanyama with the allegations but he dismissed her telling her to look for a lawyer in case she decides to go public.
The two allegedly recorded the entire ordeal, and when they learnt that the victim was planning to seek legal redress, they deleted the video recordings.
“The suspects’ decision to delete the videos was an action of guilt,” said Magistrate Mutuku. In the victim’s police statement, she claimed she tried to confront Wanyama with the allegations, but he dismissed her telling “to go look for a lawyer should she decide to go public”.
The Thursday ruling was made in absence of the media, who were blocked by the magistrate from covering it.
The victims’ lawyer said Magistrate Mutuku’s ruling was reached at “after only relying on the victim’s testimony”.