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Fungai Lupande Court Reporter
MDC-T Harare Ward 33 (Budiriro) councillor Sydney Chirombe’s lawyer, was yesterday clutching at straws trying to defend his client, who was allegedly caught sodomising another man in a car in the Willowvale industrial area.
While cross-examining the second State witness, Chirombe’s lawyer Mr Shadreck Chisoko, was cautioned by Harare magistrate Ms Renika Dzikiti, not to ask the witness irrelevant questions. “The court is losing track, we are taking long to get to the relevant questions. I am failing to see the relevance of your questions. Are we concerned about the sensibility of issues or events of the day?” asked Ms Dzikiti.

In response, Mr Chisoko said he was building his line of questions to make it clear that there was a second similar vehicle whose occupants were having sex at the scene where his client was nabbed.

Prosecutor Ms Barbra Ndoro, interjected to that line of questions, submitting that the issue of the second vehicle was only raised by Mr Chisoko.

Cross-examining the witness — Constable Tichaona Nyamurondo — Mr Chisoko asked whether the Criminal Intelligence Unit where he was attached to is a specialised unit and he said yes.

“What is your comment if I put it to you that you were not on an operation to track down robbers but following Chirombe and took the opportunity to cook this case,” he said.

Cst Nyamurondo denied these allegations. Chirombe, who was in court answering to a sodomy charge, is jointly charged with Joseph Muchena (23), the man he was allegedly caught in the act with.

They are both out of custody on $100 bail.

Muchena is represented by his lawyer Mr Kennedy Masiye.

In his defence Chirombe told the court that he is being persecuted because of his political affiliation.

“On the day around 11pm Muchena begged me to escort him to Millennium Tobacco auction floor in the Willowvale area where he intended to see his uncle. Along the way, around 11.30pm to 12pm I stopped the vehicle to relieve myself.

“Upon my return to the car police officers accused us of having sexual intercourse and when we denied the allegations they become violent towards Muchena, forcing him to admit,” he said.

Muchena, in his defence echoed the same sentiments.

“A gun was pointed at me and I was dragged out of the vehicle, made to lie down while police officers crashed my fingers with booted feet.

“Police officers forced me to sign a statement that I did not approve of,” he said. Prosecutor Ms Barbra Ndoro, alleged that at around 2:30am on May 15, a police patrol team in Glen Norah spotted a Toyota Noah (registration number ACH 7644) parked along Godwin Road in Willowvale.

She said the police officers found Chirombe sodomising Muchena on the front passenger seat.

Chirombe — in only his underwear — allegedly tried to start the vehicle to flee but one of the cops managed to grab the car keys.