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LUSAKA HIGH COURT THROWS OUT GENERAL KANENE’S APPLICATION, HE WILL BE SENTENCED ON 25th APRIL, 2014
THE Lusaka High Court has dismissed an application by defilement convict Clifford Dimba, commonly known as General Kanene, who in February,2014 had applied for bail pending review of his conviction in the Lusaka High Court.
O APril 16th, Lusaka High Court Judge Chalwe Muchenga in throwing away Dimba’s application stated that the issues raised in the application cannot move the court to grant him bail and have his judgment reviewed.
General Kanene has applied that the judgment from the subordinate court that convicted him and committed him to the high court for sentencing be reviewed.
In his application General Kanene argued that the real age for the young girl was not determined as she did not produce the birth certificate.
The High Court has since set 25th April 25 2014 as the date for judgment. Dimba will remain remanded in prison until he is sentenced.
This was in a matter in which the Lusaka Magistrates” Court convicted Kanene for allegedly defiling a 14-year-old schoolgirl contrary to the Laws of Zambia.
It was alleged that Kanene on unknown dates but between January 31 and February 1, 2012 in Lusaka had unlawful carnal knowledge of a girl under the age of 16 but he had denied committing the offence.
On February 4, Lusaka magistrate Rodgers Kaoma convicted Kanene after finding him guilty of defilement and committed him to the High Court for sentencing.
In his affidavit, Kanene through his lawyer Nicholas Chanda, said upon being convicted by magistrate Kaoma and perusal of the judgment, he had concluded that there were some lapses in terms of corroborating evidence and or failure or abdication by the trial court when it allowed the evidence from the girl”s father.
Kanene submitted that the conviction was premised on assumption as there was no actual date of birth of the girl and ultimately the actual date of birth was not known as the evidence tendered before court was burnt in Choma and that there was no police report to confirm the same which left everything in doubt.
“I now therefore seek the indulgence of this court to grant me the relief I am seeking. That unless otherwise stated, I depose to the above facts there believing them to be true to the best of my knowledge and belief,” said Kanene.
UNZA Radio
