A Harare Central Prison convict on the verge of finishing serving a 10-year jail term for rape, was on Friday slapped with two more years for sodomising a fellow inmate.
Farai Makwiyana (48) appeared before Harare magistrate Ms Victoria Mashamba facing charges of aggravated indecent assault.
He sodomised his cellmate. Makwiyana was only left with two and half years from the 10-year sentence he had been serving on his previous conviction of rape.
In passing sentence, Ms Mashamba said the court was lenient in sentencing him since it had been proved that he did not penetrate the complainant, but only ejaculated on his buttocks.
She further indicated that Makwiyana managed to go through the five years he was given on his previous conviction without committing the same offence, therefore he was given a shorter term.
The prosecutor Ms Idah Maromo proved that on July 1 this year around 3am at Harare Central Prison, Makwiyana and the complainant were sleeping in the same cell and bed while naked.
The complainant felt cold, woke up and saw Makwiyana covering his head with a blanket. He touched his buttocks and discovered that he had semen. At that moment, Makwiyana started apologising for soiling his buttocks.
Makwiyana then wiped the semen and told the complainant not to disclose the matter to anyone. The complainant told the other inmates, despite Makwiyana’s plea.
In defence, Makwiyana denied the allegations saying that he did not commit the offence, because the complainant was sleeping on his back.
He told the court that he woke up early that day to smoke and that’s when he heard the complainant waking up the other inmates telling them that he had been sodomised.
Makwiyana further indicated that he only apologised and also wiped the semen, because he had been thoroughly beaten by the other convicts who were in that cell.