MDC-T Ward 33 Budiriro councillor Sydney Chirombe, 49, is languishing in jail after allegedly being found in a compromising position with a male colleague last week. Chirombe is being charged with his suspected partner, Joseph Muchena, 23.
Magistrate Milton Serima said sodomy is a felony that “The Highest office in the land has denounced hence the accused could not be admitted to bail. The offense is very serious, and has even got condemnation from President Robert Mugabe.
“At one stage the President said that a person involved in such an act is worse than pigs and dogs. The first accused is a Councillor whose reputation and esteem is expected to be held without any contempt,” Serima said.
The magistrate also argued that Chirombe could abscond from court because the nature of his crime is embarrassing.
“The first accused is likely to skip trial if given bail considering his status in the community. The nature of crime might induce him to take flight and throw the State case into disarray,” the magistrate said.
On the councillor’s alleged partner Muchena, the magistrate accused him of giving conflicting addresses to court officials thereby raising suspicion on his credibility.
“The second accused person is of no fixed board, so he is most likely to flee the jurisdiction of the court. The propensity to commit similar offense upon release is highly likely. The pair will most likely reunite and commit the abominable act,” Serima said.
Prosecutor Sharon Mashavire argued against bail because “the duo was caught in the act hence the presumption of innocence falls away”.
“Accused persons were actually arrested whilst committing the offense, therefore their presumptions of innocence until proven guilty falls away at face value,” Mashavire said.
“There is a high likely hood of a stiff sentence if convicted, thus there is a high risk the two might abscond trial”.
Mashavire added that the public needed to be protected “from such perpetrators”.
Mugabe is a vocal critic of homosexuality and has come out openly to support anti-gay laws in Uganda and other countries.
In his independence speech last month, the veteran Zimbabwean leader said gay-rights are not human rights because they are based on immoral and unnatural activities.