High Court sets group sex convicts free

ISAIAH MOREWAGAE
Staff Writer | Thursday January 28, 2010 00:00

Special constables, Sydney Ntope and Phetogo Gaanakobo and soldiers, Samuel Seshabo, Thato Bojosi and Moagi Samson were acquitted and discharged by Justice Gabriel Rwelengera who found that the magistrate erred when he convicted them.

Rwelengera said that Ndlovu failed to properly and objectively analyse the prosecution evidence, hence the conviction was improper and unsafe. The five men are members of the security forces who were assigned to patrol Ramotswa Village on November 25, 2005. They allegedly arrested and forced Zimbabweans to have group sex, while they watched.

The defence contested their conviction saying that it was improper.

Ndlovu referred the sentencing to the High Court on the grounds that all the convicts are members of the security services who ordinarily should have enforced the law and protected the citizens, residents and visitors to the country.

The other reason for referral was that count four, which Seshabo, Samson, Ntope and Ganakobo were convicted of, was committed under aggravated circumstances and a greater punishment than the one for which a magistrate has powers to pass - 10 years imprisonment or P20, 000 fine or both - should be inflicted as a human rights issue.