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Oddrey Sydney Chirombe

Fungai Lupande Court Reporter
MDC-T Harare Ward 33 (Budiriro) councillor Sydney Chirombe yesterday applied for discharge at the close of the State’s case in a matter in which he is charged with sodomy, insisting that he was being prosecuted for political reasons.
Chirombe (49) is jointly charged with Joseph Muchena (23), the man he was allegedly caught sodomising and are represented by lawyers Mr Shadreck Chisoko and Mr Kennedy Masiye respectively.

Mr Masiye submitted that the State case was weak because a medical affidavit did not indicate anal penetration.

Harare magistrate Ms Rekina Dzikiti will make a ruling on the application on July 23. The State closed its case after leading evidence from the last witness, Constable Rutendo Nyahondo. Cst Nyahondo told the court that when the pair was nabbed, Muchena told police officers that he was being sodomised by Chirombe against his wish. Mr Chisoko objected to the evidence, indicating that the statement was prejudicial to his client since investigations were still in progress and police were yet to submit their findings. Cst Nyahondo told the court that she moved away from her male colleagues after seeing the accused naked.

During cross-examination, Cst Nyahondo told the court that she later learnt that Chirombe was a politician after the arrest. This was after Mr Chisoko asked her if it was not true that Chirombe’s case was a ploy to smear his political career after winning the elections on an MDC-T ticket.

Cst Nyahondo said it was possible for one to derive pleasure without penetration after Mr Chisoko challenged her with a medical affidavit that indicated no penetration. “I was once a victim friendly officer and I know this from experience,” she said.

Allegations against Chirombe and Muchena arose on May 13, when a police patrol unit in Glen Norah approached a Toyota Noah (ACH 7644) parked on Godwin Road in Willowvale, and found Chirombe allegedly sodomising Muchena on the front passenger seat. A half-naked Chirombe allegedly tried to flee, but was arrested. In March this year, Chirombe appeared in a Kariba court on similar charges after he allegedly sodomised a bus driver hired by the city council to transport councillors to a workshop.
He was acquitted for lack of evidence.