Home » Legal and Judicial Affairs » MDC-T ‘Sodomy’ Councillor Acquitted

AN opposition MDC-T councillor who was being charged with sodomy was on Monday acquitted by a Harare magistrate due to lack of evidence.

Sydney Chirombe, who is the MDC-T Budiriro councillor for Ward 33, was dragged to court after he was allegedly caught in an intimate position with Joseph Muchena in Harare’s Willowvale industrial area in May this year.

Magistrate Rekina Dzikiti acquitted Chirombe on a technicality.

“The moment the State produced a medical affidavit showing no penetration it destroyed the case or evidence linking the two accused persons to the offence,” Dzikiti said.

“Penetration is an essential element of the offence of sodomy. There were inconsistencies in testimonies given by State witnesses but that is immaterial as they were simply giving a chain of events on what they saw at different times.”

The magistrate said there was not enough irrefutable evidence to put the accused to his defence.

State witness, Rutendo Nyahondo, a police officer told the court that Chirombe had forced himself on Muchena.

“On May 15 we were on patrol with other five police officers targeting robbers. The operation was code-named, “Crack The Robber,” she said.

“The two accused persons tried to resist arrest and were later pulled out by other officers. They were not dressed properly with their trousers dropped to the ankles.”

It is alleged that upon being quizzed Muchena is said to have accused Chirombe of forcing him into the act.

Shadreck Chisoko, Chirombe’s lawyer queried the authenticity of the charges levelled against his client, adding that the medical report did not prove that a crime had been committed.

The court also heard that, Chirombe, in his defence said he had been arrested with his trousers dropped to his ankles because he had been relieving himself.

State prosecutor Barbra Ndoro had told the court that the councillor was arrested along with his co-accused whilst in the act.

Earlier this year Chirombe was hauled before a Kariba magistrate on charges of having tried to force himself on a colleague while on a retreat in the resort town.

He was also acquitted of the charge by presiding magistrate Sam Chitumwa.

Source : New Zimbabwe

Archives