'Sodomy' councillor acquitted

A Harare Magistrate on Monday acquitted opposition MDC-T Harare Ward 33 Budiriro councillor, Sydney Chirombe, charged with sodomy after citing lack of incriminating evidence against the accused.

Magistrate Rekina Dzikiti based her ruling on technicalities: "The moment the state produced a medical affidavit showing no penetration, it destroyed the case or evidence linking the two accused persons to the offence.

"Penetration is an essential element of the offence of sodomy. There were inconsistencies in testimonies given by state witnesses (police officers), but that is immaterial as they were simply giving a chain of events on what they saw at different times," she said.

"There is no competent verdict to place the accused persons on defence. On that basis, the two accused are found not guilty and  (are, therefore) acquitted."

Chirombe (49) was apprehended alongside his partner, Joseph Muchena (23) allegedly with pants down by alert police details patrolling the Willowvale industrial site, in May this year.

Early this month, one of the state witnesses, Constable Rutendo Nyahondo, told the magistrate that the first accused person had forced himself on Muchena.

The legal counsel for Chirombe, Shadreck Chisoko, questioned the authenticity of charges laid against his client, saying that a medical report disputed the allegations.

The court also heard that Chirombe, in his defence, said he had been arrested with his trousers dropped to his ankles, as he was coming from the nearby bush after relieving himself.

Prosecutor Barbra Ndoro had alleged that the councillor was apprehended alongside his co-accused whilst in the act by alert police details patrolling the Willowvale industrial site on May 15.

Earlier this year, Chirombe was acquitted on similar allegations by a Kariba Magistrate, Sam Chitumwa.