A witness in the trial of an opposition MDC-T Harare Ward 33, Budiriro, councillor Sydney Chirombe, charged with alleged sodomy, has said the accused person forced himself on his 'victim' to submit to the abominable act.
Chirombe (49) was apprehended alongside his partner, Joseph Muchena (23), pants down by alert police patrolling the Willowvale industrial site in May this year.
Constable Rutendo Nyahondo based at Glen Norah police station gave an account of what transpired on the day the accused pair was apprehended before magistrate Rekina Dzikiti.
Prosecutor Barbra Ndoro closed the state case and the defence counsel subsequently filed an application for discharge. The magistrate is set to make her ruling on the application on July 23.
"On May 15 we were on patrol with five other police officers targeting robbers under an operation code named, 'Crack the robber'. The two accused persons tried to resist arrest and were later pulled out of the car by other officers. They were not dressed properly with their trousers dropped to the ankles," said Nyahondo.
"Asked what they were up to, only the second accused person (Muchena) replied saying that he was being forced by the first accused (Chirombe) into sodomy."
At this stage, Chirombe's legal counsel objected to the testimony, saying it was unfair to his client.
"I object to that statement, investigations are still underway and the police are yet to come up with their findings to that effect. Such a statement would be prejudicial to my client," said Chisoko.
Ndoro asked the witness if there was any grain of truth in her testimony as the first accused person claimed political victimisation by his foes as the root cause of the charges.
Nyahondo replied: "At the time we arrested the pair, I was not aware of his social standing and only got to know of his identity after investigations at the station."
The legal counsel for Chirombe went on to question the authenticity of charges being laid against his client, saying that the medical report did not tally with the allegations.
"The medical report shows that there was no penetration, but it is possible because someone can take his manhood and rub to the anal area for sexual gratification," said Nyahondo.
"I was once an officer with the Victim Friendly Unit, so, although penetration might not be detected according to the medical experts, it does not suffice to say there was no anal sex."
Chirombe in his defence said he had been arrested with his trousers dropped to his ankles, as he was coming from the nearby bush after relieving himself.
According to court documents, the councillor was apprehended alongside his co-accused while in the act by alert police details patrolling the Willowvale industrial site.
It is the state's case that police officers approached a stationary car parked along Godwin road, Toyota Noah registration number ACH 7644.
They allegedly caught the pair having anal sex in the front passenger seat of the motor vehicle.
The incident is alleged to have transpired on the day in question at around 0230hours.
Earlier this year, Chirombe was acquitted of sodomy by a Kariba magistrate Sam Chitumwa.
The magistrate cited lack of incriminating evidence in passing his ruling.