INCARCERATED musician, Clifford Dimba, alias General Kanene, has asked the Supreme Court to order for re-trial in a matter in which he was convicted and sentenced to 18 years for sexually abusing a 14-year-old girl.
Dimba’s lawyer, Treford Chali submitted before a panel of three judges comprising Gregory Phiri, Munyinda Wanki and Mumba Malila that there was a mistrial in the court below as such, the Supreme Court should order for the rehearing of the matter.
He is serving the 18-year jail sentence, which Lusaka High Court judge Chalwe Mchenga upheld after Dimba appealed against Lusaka magistrate Rodgers Kaoma’s decision to convict and sentence him after he found him guilty of defiling the girl.
Dimba immediately appealed to the Supreme Court filing 19 grounds of appeal out of which he yesterday abandoned two of them.
Mr Chali argued that there was no sexual intercourse between him and the girl as such he is not guilty of the offence.
He further submitted that in the absence of strict proof to show that the girl was below 16 years, it was wrong for the court to convict him for defilement.
Mr Chali further argued on behalf of his client that there was mistrial of the case and a retrial should be ordered in the interest of justice.
Meanwhile, the Supreme Court has adjourned to April a matter in which formerZambia Army commander, Geojago Musengule and his co-accused person, Amon Sibande have appealed against their four and three-year jail sentences for corrupt practices.
This is to enable Musengule, Sibande and the State to adequately prepare heads of arguments and responses.
In another development, the Supreme Court has reserved to a date to be announced judgment in a matter in which the State has appealed against the Lusaka High Court’s decision to acquit former labour minister, Austin Liato for being in possession of property suspected to be part of proceeds of crime.
It involved more than K2.1 billion (non-rebased) cash that was found buried in a hole in his backyard,
Judge Munyinda Wanki, who sat with judges Elizabeth Muyovwe and Mumba Malila, ordered the State to file written submissions within a month, while Mr Liato would respond seven days later.
Times of Zambia