AN ACTIVIST with the Women of Zimbabwe Arise (Woza), who stripped naked in front of police officers at Bulawayo Central Police Station, was yesterday exonerated of any wrongdoing as no one was offended by her conduct.
RICHARD MUPONDE SENIOR COURT REPORTER
Bertha Sibanda (55) of Makokoba allegedly stripped naked at the police station demanding the release of her colleagues who had been arrested during a demonstration on Valentine’s Day in 2012.
She pleaded not guilty to indecent exposure when she appeared before Bulawayo magistrate Charity Maphosa.
Maphosa acquitted and discharged Sibanda after she concurred with her defence counsel Kossam Ncube’s submissions that his client had not committed any offence since her conduct did not offend any other person.
“It’s common cause that the accused undressed at a police station and in full view of the public, but because the State failed to satisfy the requirement that the conduct must have caused offence to some other person, then the accused is entitled to an acquittal,” ruled Maphosa in setting Sibanda free.
The State represented by Shepherd Nhamburo, had sought to have Sibanda convicted arguing that she had committed an offence.
“The State is of the opinion that all essential elements for contravening Section 77 (1)(a) of the Criminal Law (Codification and Reform) Act have been tested. Wherefore the State prays that the accused be found guilty of the offence she committed,” Nhamburo said.
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The court heard that on Valentine’s Day last year at around 4pm, Sibanda was part of a group of women who demonstrated at Southampton Building in the central business district.
Some of her colleagues were arrested and taken to Bulawayo Central Police Station.
Sibanda and another group of more than 100 women went to the station to demand the release of their colleagues.
While gathered in the police courtyard, stripped naked and was arrested.
A docket of indecent exposure was opened against her.
