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Leonard Ncube Court Reporter
A GAY activist who used a female public toilet was yesterday set free by a Bulawayo magistrate. Cross-dressing Ricky Nathanson, 48, was apprehended by members of the public and handed over to the police after entering the female toilet of a local hotel. But yesterday, magistrate Abednico Ndebele said prosecutors had failed to prove a crime had been committed.
“It appears the State is still yet to make a decision on the charge, and according to what’s in court, there’s no offence in anyone entering a female or male toilet… For now you can go and the State will call you if it needs you,” Ndebele told Nathanson.
The magistrate’s ruling drew cheers from Nathanson’s friends and supporters in the gallery.
Nathanson, who runs a modelling agency in the city, beamed as he left court wearing silver high heeled ladies’ shoes and a sleeveless dress with a touch of silver, purple and cream colours.
He wore make-up and carried a matching silver handbag.
His lawyer, Tanaka Muganyi, lashed prosecutors for seeking to have him further remanded.
“We are opposed to further remand. The State has not given reasons for that and it is very much aware that on the last appearance, we made indications that we would today apply for refusal of remand if it doesn’t put its house in order,” argued Muganyi.
He said criminal nuisance charges laid against Nathanson were inappropriate as entering a female toilet was not listed as a crime at law.
Muganyi said further remand would deprive his client of his liberty.
Ndebele asked prosecutor Raymond Makhaza to furnish the court with statutory reference which criminalises entering a female toilet by a male, to which Makhaza replied: “This is a fairly new case. It would have been unjust for the accused if he was in custody, but in this case he’s not and his liberty is not in jeopardy.
“The State is yet to record statements from key witnesses and one of them is still in Harare. The case may not only be from what is written but from the conduct of a person.”
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