High Court frees sodomy councillor

HARARE - A High Court judge has freed on $100 bail Sydney Chirombe, a councillor in Morgan Tsvangirai’s MDC, who is facing sodomy charges.

Justice Esther Muremba condemned the decision by the lower courts to deny Chirombe bail.

“The magistrate failed to apply his mind in deciding if the offence was a serious one, wherein it actually has a maximum prison sentence of one year and an option of a fine,” Muremba said.

“Furthermore, the magistrate’s reasoning as regards the propensity to commit further offences was rather illogical taking into account that the appellant has no previous convictions.”

As part of bail conditions, Chirombe was ordered to reside at his given address and report once a week at Glen Norah Police Station.

Chirombe, 49, is jointly charged with Joseph Muchena, 23, whose appeal is currently being processed by lawyers from the Zimbabwe Lawyers for Human Rights.

He was denied bail by Harare magistrate Milton Serima who raised fears that the accused would re-offend.

Serima further ruled that the offence was a serious one which had been condemned by the highest office in the land.

In his initial bail application, Chirombe’s lawyer Shadreck Chisoko, argued that the State made reference to a Kariba case no. 50/02/14 in which Chirombe faced a similar charge 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.

“State 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 person was 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.

Allegations against the two arose on May 13 around 2am when Chirombe and Muchena were reportedly caught engaging in anal sex by Glen Norah police officers who were on patrol.

When the two realised they had been caught, Chirombe, whose pants were reportedly down, jumped from the passenger seat and tried to start the vehicle.

Comments (5)

saka vamugabe vakati kusura is a crime,becoz he is highest office ,wakapomerwa kusura unongoenda kujeri no trial,mugabe is not a king,even if they claimed him to be one are we certain kuti haasurewo and some in his inner circle ?,he is to be proven guilty of his crime if there was no penetration where is the sodomy charge.chingochani hatichidi sehuroyi hatiudi asi varoyi variko!!!!

sungai - 19 June 2014

no penetration means no sodomy.dont victimise mdc pple

chero - 19 June 2014

Nhai vanhu we. chii chinombonzi ngochani. Vanhu here kana imhuka. kana vari vanhu vanhu rudzii. Kana dziri mhuka imhuka rudzii ko. Zvamunongo taura nezvekushata kwavo. vakamboshateyiko. imi munotaura tiudzeiwo kuti chimbori chii ko. Muzivi wenzira yeparuware ndiye mufambi wayo. Vanotaurisa nezve Ngochani vaneruzivo nezvazvo ngavatiudze. Mapere akapfeka nguvo dzeHwayi. Muchafumuka henyu rimwe zuva.

Danga Remombe - 20 June 2014

Chingochani chakaipa ,asi less so than rape and murder or theft. Reason is that ungochani is consernsual between 2 people, who may be mentally challenged. We are not God.

JACKSON Mushayapokuvaka - 20 June 2014

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