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THREE prison inmates appeared in court on Monday for allegedly taking turns to sexually assault a fellow inmate under the cover of darkness during a power outage at the prison.
Bhekimpilo Sinyoro (30), Thabo Ncube (24), and Arnold Chemhere (29) appeared before Bulawayo regional magistrate Mrs Dambudzo Malunga facing two counts of aggravated indecent assault. The trio was remanded in custody to 29 January for trial.
Sinyoro was represented by Mr Tinashe Dzipe of Morris and Davies Company, while Ncube and Chemhere represented themselves.
The prosecutor Mr Owen Mugari told the court that the incident occurred on 29 December last year at around 7pm, when the victim was locked up in a cell with 95 other inmates for the night.
“At around 9pm, there was a power outage at the prison, plunging the entire cell into darkness. The complainant was approached by Sinyoro, who invited him to his sleeping area since the victim was in a crowded space,” said Mr Mugari.
The court heard that the complainant declined the offer.
“Sinyoro returned to his space but came back with Ncube, who insisted the complainant join them. The victim again refused,” Mr Mugari said.
Sinyoro and Ncube then allegedly lifted the complainant from his sleeping area. Despite attempts by other inmates to intervene, the victim was dragged to Sinyoro’s sleeping area. Chemhere reportedly covered the victim’s face with a blanket and restrained him.
The court heard that Sinyoro offered the victim rice and beans if he complied with their demands. Sinyoro allegedly stripped the victim while Chemhere held his legs, and Ncube caressed him. Sinyoro then reportedly sexually assaulted the victim.
In a separate case, a Bulawayo teenager accused of stealing goods worth US$1 300 was discharged yesterday at the close of the State’s case due to insufficient evidence.
Michael Madzora (17) was alleged to have committed the crime in May last year. However, Western Commonage magistrate Mr Mehluli Moyo acquitted him, citing inconsistencies in the testimonies of the complainant and witnesses.
“After listening to the testimonies by the complainant and other State witnesses, the court noted that there is a lack of evidence linking the accused to the offence. Accordingly, he is found not guilty and acquitted,” ruled the magistrate.
The prosecutor, Mrs Ellen Matenga, told the court that the incident occurred on 27 May last year, at Kelvin Shopping Centre in Bulawayo.
Mrs Nonjabulo Ndlovu, the complainant, testified that she had gone to Kelvin to have her car fixed and left her belongings in the vehicle. These included a laptop, a mobile phone, US$380, her identification card, and bank cards.
Michael, in his defence, claimed he was in South Africa on the day of the alleged crime and only returned on 31 May. He stated that he bought a phone from someone at Unity Village upon his return and later swapped it for another device.
“I was not in the country on 27 May. I was in South Africa and when I returned, I bought a phone from someone as I didn’t have one. After using it for a few days, I swapped it for another phone,” he said.
Michael told the court that he voluntarily led the police to the person who had the phone.
Mrs Ndlovu recovered her phone, identification card, and bank cards, which had been picked up along Khami Road by a good Samaritan.
“Someone called me and said they had found my particulars along Khami Road. I informed the officer handling my case, and he advised me to collect them,” she said.
Of the stolen goods, US$500 worth was recovered.
Online Reporter