Businessman Elton Chitanda (29) who runs Delicious Delight Restaurant in Masvingo and his wife Fadzai Chivende (25) have been fined $75 by Magistrate Peter Madiba for having se_x in a female ward.
Alternatively they would be jailed for 15 days each.
Madiba accused the two of torturing other patients by having se_x in their full view and making noise before he convicted them of public indecency.
The incident which has shocked many people happened at Masvingo General Hospital in July this year.
Chitanda however, said he did not have se_xual interc0urse with his wife but they only hugg_ed and ki_ssed before he tucked himself in with her on the bed to sleep.
The State however insisted that the couple had se_xual interc0urse. Edmund Mapope representing the State said Chitanda came into the ward at around 3am and went straight to his wife’s bed. The couple started care_ssing and ki_ssing and Chitanda removed his jacket and shoes before jumping into bed to join his wife.
The two then had se_xual interc0urse in full view of Patricia Vuma, Varaidzo Chinomwe and other admitted patients.
Initially the two totally denied doing anything se_xual but they quickly shifted their positions when the State threatened to bring in witnesses. They then said they had a se_x act but did not have interc0urse.
Having a se_x act in a legal terms means there was arousal but no interc0urse.
Chivende who appeared confused and sought clues from her husband during the trial was warned against looking at first accused each time a question was thrown at her.
“Don’t look at your husband, look at me. Did you have interc0urse with the first accused or not?” asked Madiba.
Asked why he behaved that way in the ward, Chitanda said he had not seen his wife for two days and he therefore decided to follow her to hospital.
Chivende did not speak in court most of the time but would take the position or change her defence in line with her husband.
It is the State case that on July 21, 2018 the two indecently exposed themselves and engaged in a se_xual act causing offence to other persons who were in the female ward.
“How big is your appetite to an extent that you had to follow your wife to hospital? Why don’t you let people die in peace instead of disturbing them with funny noise that you were making?” asked Madiba.
The two accused were asked to pay a fine of $75 each by 12 October or serve 15 days in prison.