MDC ‘sodomy’ councillor in court

By Tarisai Machakaire

HARARE – Sydney Chirombe, an MDC councillor in Morgan Tsvangirai’s MDC, charged with sodomy, must not be released on bail because he will commit further offences, a Harare magistrate heard yesterday.

Chirombe, 49, is jointly charged with Joseph Muchena, 23, whom the police allegedly caught engaging in the sexual act with Chirombe.

Prosecutor Sharon Mashavira said releasing the two “would put society at risk since there was high likelihood they would re-offend.”

Mashavira gave reference to a Kariba case number 50/02/14 in which Chirombe faced similar allegations of sodomy.

“There are compelling reasons justifying continued detention of accused person,” Mashavira said. “They should be remanded in custody in order for state case not to be frustrated and for proper administration of justice.

“Accused persons were actually arrested during committing of the said offence, therefore, their presumption of innocence, though not convicted yet, falls away at face value. If convicted, there is likelihood of a severe sentence being imposed and that will induce accused persons to flee and abscond trial.”

Mashavira said Muchena made a partial plea of guilty when he initially told the court that he had been forced into the act by Chirombe.

“The second accused person partially admitted to the offence and implicated accused one as the core perpetrator of the offence,” Mashavira said.

“Society has to be protected from such perpetrators and accused persons are flight risks considering that Chirombe tried to escape arrest when police details caught them red-ended committing the offence.”

Chirombe’s lawyer Shadreck Chisoko argued that Mashavira brought up the Kariba case which was “dead and buried” in order to misdirect the court into thinking that his client had a pending sodomy case.

“My client is not a serial offender,” Chisoko said. “The Kariba case which state counsel made reference to is dead and buried and the state is fully aware that he was acquitted.

“She has failed to challenge that he has never been convicted of any crime, is of fixed abode and a family man. The state is making its application based on unsubstantiated facts.”

Chisoko argued that the State could not prove that accused persons were caught during the act because the medical affidavit confirmed that there was no penetration, which he said was necessary to prove an act of sodomy.

“There should have been an act of anal sexual intercourse for it to be called sodomy,” Chisoko said. “The medical report indicates that there was no injury or penetration on accused persons. State has no case here.” Daily News