ACQUITTED GALZ EMPLOYEE FACES NEW CHARGES

Published on: 28 July 2010

The Zimbabwean LGBT activist acquitted of possessing pornography has told The Zimbabwean newspaper that he is "elated," although he faces new charges.

“I feel relieved and elated, thank God, today I will have a good night sleep in peace,” said Ignatious Mhambi, who was arrested in a May 21 police raid on the offices of Gays and Lesbians of Zimbabwe (GALZ).

The newspaper also revealed more details about the judgment that acquitted Mhambi of possessing a DVD, apparently depicting gay sex, which Human Rights Watch said was for educational purposes.

While Magistrate Sandra Mupindu agreed with the prosecutor’s assertion that the material was indeed pornographic, she said that there was no proof that Mhambi was in personal possession of the DVD.

“That the material is pornographic and can corrupt the mind of anyone likely to be exposed to it cannot be disputed. However the two state witnesses couldn’t refute that accused was not the only one who had access to the office and it could be possible that the material belonged to one of his workmates," said Mupindu.

"In this case the accused should be given the benefit of a doubt. The state has also failed to prove that accused had mental or physical possession of this pornographic material, entitling the accused to a discharge and acquittal,” she added.

However, it appears as if Mhambi is not out of the woods yet. It was reported that he has been served with summons to face further charges of "undermining authority of or insulting [the] president".

The charges stem from a placard displayed in the GALZ offices in which former San Francisco Mayor Willie Lewis Brown, Jr denounces President Mugabe’s homophobia against gays and lesbians.