adminMashudu Netsianda Senior Court Reporter
TWO Bulawayo men who were allegedly caught pants down while masturbating inside their parked car at a secluded place earlier this year have been acquitted.
Bulawayo magistrate Sibongile Msipa-Marondedze said the state had failed to prove its case beyond any reasonable doubt against Rodney Joseph, 36, of Northend suburb and William Chimunhu, 36, of Westgate.
Joseph and Chimunhu who were being charged with public indecency had pleaded not guilty and argued that they were only relaxing in their car.
“If indeed, Joseph wanted to do the act I’m sure he was going to switch off the light inside the car and go to the back seat where Chimunhu was. From the evidence given, I don’t think the state has a case against these two men and as such I retain a verdict of not guilty and accordingly they’re acquitted,” ruled Msipa-Marondedze.
Allegations against Joseph and Chimunhu were that on January, 22, shortly after 3AM, Sergeant Dominic Takawira of ZRP Westgate was on night patrol when he spotted a car parked at a secluded place near Sizinda Clinic in Westgate.
Takawira became suspicious and went closer to the vehicle to investigate.
“Takawira peeped through a window of the car and found Joseph and Chimunhu inside. He saw Chimunhu lying on his back on the car seat and he was half naked while Joseph was busy fondling his erect manhood,” said Nkathazo Dlodlo, prosecuting.
The two men allegedly sprang to their feet when they realised that they had been spotted.
Takawira arrested them.
Online Reporter