Sodomy pair remanded in custody

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, yesterday said the State’s case against him was weak because the medical affidavit did not indicate any anal penetration. Chirombe (49) is facing a sodomy charge following his arrest last week in Willowvale where he was allegedly having sex with Joseph Muchena (23) in a car.
The two appeared before Harare magistrate Mr Milton Serima jointly charged with sodomy.

Prosecutor Ms Sharon Mashavira opposed a bail application by Chirombe’s lawyer, Mr Shadreck Chisoko.
“The accused were apprehended while committing the offence although they are yet to be convicted their presumption of innocence falls away.
“Muchena partially admitted to the charge and implicated Chirombe as the co-perpetrator of the offence, indicating that he was forced to take part in the offence,” she said.

Ms Mashavira said Chirombe was arrested in Kariba on CR50/02/14 on a sodomy charge.
But Mr Chisoko argued that a medical affidavit supplied by the State exonerated his client.

“A medical affidavit that I was given by State clearly indicates that there was no injury or penetration on the accused. 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.

Muchena, who has no legal representation, begged the court to grant him bail.
“I am not a flight risk. No one brings me food at remand prison. There is no water at remand prison, food or blankets,” he said.

The matter was deferred to today for bail ruling.
Ms Mashavira alleges that at around 2:30am on May 15, 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 from the scene but was arrested.
In March, he appeared before Kariba magistrate Mr Sam Chitumwa charged with sodomy after he allegedly molested a bus driver in the resort town.

He was acquitted for lack of incriminating evidence.