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Fungai Lupande Court Reporter
MDC-T Harare Ward 33 (Budiriro) councillor Sydney Chirombe, who was facing allegations of sodomising a 23-year-old man, was yesterday acquitted.
Harare magistrate Ms Rekina Dzikiti ruled that the medical report produced in court indicated that there was no anal penetration and it was not competent to put Chirombe (49) and Joseph Muchena (23) to their defence.
Chirombe and Muchena, the man he was allegedly caught sodomising, were facing sodomy charges.
Ms Dzikiti said the evidence led in court was contradictory and unreliable.
“The ruling is based on a technicality,” she said. “There was inconsistency in the testimony of witnesses, but that is immaterial because they were giving a chain of events as they saw at different times.
“The moment the State produced the medical affidavit showing that there was no anal penetration, it destroyed the evidence and the case.
“Lack of penetration goes to the root of the charge as there has to be anal penetration for it to be sodomy. The evidence goes against the key witness, Obert Anovi, who said he indeed saw the anal intercourse.”
Chirombe and Muchena, who were represented by their lawyers Mr Shadreck Chisoko and Mr Kennedy Masiye respectively, applied for discharge, submitting that the State case was weak because a medical affidavit did not indicate anal penetration.
The State yesterday closed its case after leading evidence from three witnesses.
Allegations against the two arose on May 13 when a police patrol unit in Glen Norah approached a Toyota Noah (ACH 7644) parked along Godwin Road in Willowvale and found Chirombe sodomising Muchena on the front passenger seat.
A half-naked Chirombe allegedly tried to flee, but was arrested.
In March this year, Chirombe appeared at a Kariba court on similar charges after he allegedly sodomised a bus driver hired by the city council to transport councillors to a workshop.
He was acquitted for lack of evidence.
Peter Tanyanyiwa
Online Reporter