No joy for sodomy duo

Fungai Lupande Court Reporter
MDC-T councillor for Harare’s Ward 33 (Budiriro) Sydney Chirombe, who was allegedly caught having sex with another man last week, was yesterday denied bail at the Harare Magistrates’ Courts.
Chirombe (49) is facing a sodomy charge following his arrest in Willowvale while allegedly having sex with Joseph Muchena (23) in a car.
Harare magistrate Mr Milton Serima denied the pair bail because their alleged offence bordered on homosexuality, an act the highest office in the country – the President’s Office – has described as being worse than the behaviour of pigs and dogs.

“This can influence the accused to flee. Chirombe, whose reputation and esteem in society is to be held with no contempt is likely to shy away from society especially those who elected him into office.

“Muchena gave different and conflicting addresses making the court believe he is of no fixed abode. He told the court that he has no relatives and no one brings him food at remand prison,” he said.

Mr Serima added that it was quite probable that since the accused were allegedly caught in the act, they could meet again outside and do repeat the “abominable act”.
The pair was remanded to May 28.

In the bail application, Chirombe’s lawyer, Mr Shadreck Chisoko, said the State’s case was weak because a medical affidavit did not indicate anal penetration.
“The definition of sodomy states that there should be an act of anal penetration.

“There was no anal sexual intercourse and this washes away the strength of the State case. The issue that my client was once arrested is a dead and buried case because he was never convicted,” he said.

However, prosecutor Ms Sharon Mashavira insisted that they were a flight risk because they were caught red-handed.
She alleges that at around 2:30am on May 13, a police patrol unit in Glen Norah approached a Toyota Noah (ACH 7644) parked on 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, he appeared in court on similar charges  but was acquitted for lack of evidence.