Two men accused of robbing sex workers at gunpoint acquitted

The law says adults are free to take risks, and the courts will not rescue them from consequences they chose to face

TWO Bulawayo men who were accused of robbing two commercial sex workers at gunpoint of US$100, two cellphones and a pair of jean trousers have been acquitted.

Admire Sibanda (45) and Devine Dowani (37) appeared before Bulawayo magistrate Mr Mathew Mutiro facing robbery charges.

Mr Mutiro ruled that the State had failed to prove its case beyond a reasonable doubt.

“The court noted that the complainants were not certain that the two accused were the perpetrators. The incident occurred at night and the complainants were intoxicated, making it difficult for them to positively identify the offenders,” said Mr Mutiro.

The magistrate also found that the complainants had given inconsistent descriptions of the vehicle allegedly used by the suspects and had failed to record its registration number.

“Nothing was recovered from either of the accused persons and the police did not conduct an identification parade for the complainants to positively identify the accused,” he said.

Prosecuting, Ms Hazel Ncube told the court that on September 16 last year, at around 3.30AM, the complainants were near a nightclub located between 10th Avenue and 11th Avenue along George Silundika Street looking for clients, when they were allegedly approached by Sibanda and Dowani.

“The complainants were approached by the accused persons who were driving a car. The accused hired the complainants for sexual services and agreed to pay them US$20 each. The complainants agreed and got into the vehicle after being told the accused persons stayed in Nketa,” said Ms Ncube.

She said the accused then allegedly sped off, later turning onto Samuel Parirenyatwa Street before parking near Gifford High School.

It is alleged that one of the accused produced a firearm and demanded cash and cellphones from the complainants. The complainants surrendered their phones and US$100.

Ms Ncube said the accused then allegedly ordered one of the complainants to remove her jean trousers, leaving her in only her underwear.

The court heard that a security guard later arrived at the scene, prompting the suspects to flee.
Police investigations subsequently led to the arrest of Sibanda and Dowani.