A HARARE man who sodomised a cop after a drinking binge in August this year was yesterday sentenced to six years in prison after the court ruled that there was overwhelming evidence against him.
PHILLIP CHIDAVAENZI SENIOR REPORTER
Naison Mabhoyi, who was employed at a local food outlet will, however, serve an effective three-year jail term after Harare regional magistrate Noel Mupeiwa suspended part of the sentence on condition of good behaviour. In setting aside three years of the sentence, Mupeiwa said the court had considered that Mabhoyi committed the offence under the influence of alcohol.
“However, I have not lost sight of the fact that aggravated indecent assault is equally a serious offence which must be discouraged by this court,” he said. “Had not been that the accused was very drunk, the sentence could have ranged from around 12 years imprisonment, but because the accused was very drunk, the sentence shall be drastically reduced.”
Mupeiwa also said a non–custodial sentence such as community service would not have been suitable.
The court heard during trial that on August 25 this year in the evening, Mabhoyi hooked up with the complainant, a police officer. The two were friends and were in the company of one Oscar Chifamba. The three headed for Chamhembe Sports Bar where they intended to have fun while boozing.
Mabhoyi and Makwembere started drinking beer until the next morning. After the binge, the court heard, the three boarded a commuter omnibus and went to Mabhoyi’s house. When they arrived, Mabhoyi and Makwembere are said to have slept on the same bed while Chifamba put up on the sofa.
Mabhoyi then fondled the complainant’s abdomen and when the latter appeared as if he was about to wake up, the accused person pretended to be asleep.
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The complainant was later awakened by Chifamba at around 9 o’clock that morning, after which he discovered that he had human waste and sperms around his backside. He later filed a report at Mabvuku Police Station, leading to Mabhoyi’s arrest.
