General Kanene found guilty of defiling a minor
Lusaka, February 4,ZANIS——Popular Zambian musician Clifford Dimba Kanene commonly known as General Kanene has been convicted by the Lusaka Magistrate after being found guilty of defiling a 14 year old girl.
Magistrate Rodgers Kaoma since committed General Kanene to the High Court for sentencing and mitigation after convicting his of the offense.
This is a matter in which General Kanene has been charged with one count of defilement contrary to the laws of Zambia.
Particulars of the offense are that on unknown dates but between January 31 and February1, 2012 Clifford Dimba Kanene had canal knowledge of girl under the age of 16 years.
In delivering judgment, Magistrate Kaoma said the onus was on the prosecution to prove the case beyond all reasonable doubt by proving to the court that sexual intercourse took place between the two and whether the girl was below the age of 16 years at the time the offense was committed.
The Magistrate said the prosecution called 7 witnesses in the matter and that he had considered in totality the evidence before the court and found that the prosecution proved the case beyond all reasonable doubt.
The magistrate said he found that the girl in question was General Kanene’s fan and lent her some CDs to listen to some songs and that the accused also knew the father to the girl and that they had each other’s numbers.
Magistrate Kaoma said the question of age should be proved in a defilement case but in the matter in question there were no records to indicate the age of the girl hence the prosecution had to prove to the court that the girl in question was under 16 years at the time the offense was committed.
He said despite the evidence that was given by the girl’s father that the birth records were burnt in the house in Namwala but his telling the court that his daughter was born on March 25, 1998 was collaborating with the school register at the time she was enrolled in 2007 before the offense was committed.
The Magistrate further said the findings from the medical report indicated that the girl in question was between 13-14 years at the time the offense was committed.
Magistrate Kaoma said according to his own assessment the girl looked young contrary to the evidence by the accused gave in court that she looked like a prostitute and was 18 years old hence wanted to use her as his dancing queen.
He said on whether sexual intercourse took place between the two, the evidence by the girl seems very believable because if she lying and was told what to say in court she could been shaking.
The magistrate said that the medical evidence was sufficient as it showed that she was defiled despite the medical examinations done two days after she was defiled adding that according to the evidence in court no other person could have been connected to having had cal knowledge of the girl on that particular day apart from the accused person.
He said he had found the accused guilty of the offense and convicted him accordingly.