Inmate convicted of sodomy

HARARE - A prisoner doing time for rape in Harare Central Prison was convicted yesterday on charges of indecent exposure for masturbating on a colleague in his cell.

Farai Makuyana, who has completed eight years of his 10-year jail term, was found guilty by Harare magistrate Victoria Mashamba of sexually assaulting a cell mate.

He will be sentenced to more days in jail on top of the 10-year term he is currently serving for rape. The case drew sniggers from the courtroom.

It was the State’s case that the complainant (name withheld) was sleeping naked with Makuyana behind him.

The court heard that Makuyana started masturbating and then ejaculated on the complainant, who then woke up to find sperms on his buttocks. But the complainant insists he was sodomised.

“He sodomised me while I was asleep in C Hall Cell 2 down at around 03:00 hours on Sunday and when I woke up I discovered that I was wet between my buttocks,” the complainant told the court. I then asked Makuyana why he had sodomised me and he asked for forgiveness. I woke up (name withheld) and he advised me to wake the rest of the cell and I banged the door to draw the attention of the prison officers who attended to the scene.”

Makuyana strenuously denied indecently assaulting the complainant. He said he only apologised because he had been assaulted by other inmates. He admitted to have been awake and seated upright by 02:00am on Sunday. He claimed he was fixing himself a smoke and not masturbating.

In passing judgment, magistrate Mashamba concluded that the two witnesses gave collaborative and consistent evidence that the accused was sleeping 30 centimetres behind the complainant.

The court also established that there was no bad blood between witnesses and accused and there was no reason to lie.

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