Harare Ward 33 (Budiriro) councillor Sydney Chirombe (MDC-T), who was facing a sodomy charge, yesterday had his application for discharge granted by presiding magistrate Rekina Dzikiti after a medical affidavit produced in court proved that there was no penetration on the complainant’s backside.
The court discharged Chirombe (49) and his co–accused Joseph Muchena (23) at the close of the State case for lack of incriminating evidence.
“The ruling is based on a technicality. There are inconsistencies in the State witnesses’ testimonies, but that is immaterial as they were giving a chain of events they saw at different times.
The medical affidavit, however, shows there was no penetration.
“Penetration is an essential element of sodomy. . . On that basis, the two accused persons are found not guilty and acquitted.”
The State had alleged that Chirombe and Muchena, who were represented by Shadreck Chisoko and Kennedy Masiye, were in an act of sodomy on May 13 this year. This was after a police patrol unit in Glen Norah approached a Toyota Noah parked on Godwin Road in Willowvale, and found Chirombe being sexually intimate with Muchena on the front passenger seat.
The State had also alleged that a semi-dressed Chirombe tried to flee, but was arrested.
In March this year, Chirombe appeared in a Kariba court on similar charges after the State alleged that he had sodomised a bus driver hired to transport councillors to a workshop.
He was also acquitted for lack of evidence.