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‘General Kanene’s’ Bail Application Rejected
THE High Court has refused to review and grant bail to musician Clifford Dimba in a matter in which he was convicted for defiling a 13 year old girl.
In this matter, Dimba who performs under the name ‘General Kanene’, is charged with defilement of a child contrary to the Laws of Zambia.
The offence is alleged to have been committed in Lusaka on unknown dates but between January 31 and February 1, 2012.
In delivering his ruling in chambers, High Court judge Chalwe Mchenga dismissed the application saying that Dimba has no right to be heard before sentencing is passed.
Justice Mchenga said the court cannot invoke its supervisory jurisdiction saying that this is because the procedure proposed by Dimba’s lawyers is not in accordance with the criminal procedure code.
He said the court can only make such a decision on its own accord and not by the instance of any one party.
“Having found that a party to a criminal trial cannot by an application move the court to review a case, the application is not granted. Consequently, the application for bail associated with it falls off,” Justice Mchenga said.
Dimba was in February this year convicted by the Lusaka Magistrates’ Court after he was found guilty of defiling a 13-year-old girl.
High Court research advocate Rogers Kaoma, sitting as magistrate, found Dimba guilty of having carnal knowledge of the child.
Mr Kaoma said he applied himself to two ingredients of the offence, which needed to be proved and that these were age and whether there was sexual contact between the two.
Dimba has been committed to the High Court for sentencing as the minimum sentence for defilement is 15 years imprisonment, a sentence that is out of the jurisdiction of the magistrate’s court.
Dimba asked the High Court not to sentence him until the age of the child he is alleged to have had sex with is scientifically established.
Dimba said the judgment brought out issues on the point of law and that it was his desire that these points of law be reviewed before any sentence was meted by the court.
He said the age of the girl he is alleged to have defiled was not properly determined, hence it remains questionable.
Dimba said no DNA test or magnetic resonance image (MRI) test was undertaken and that no birth record or police report was adduced to the court.
He asked the court to review his case and that in the instance that it could not do that, the court could invoke its supervisory powers in accordance with the law and hear his application.
Posted by Editor
on April 17, 2014. Filed under LATEST NEWS.
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666
April 17, 2014 at 7:59 am
mamamamama!!!
Vill ndolo on fb
April 17, 2014 at 8:03 am
Cello banapangila bantu yakosa iyo.
bwaana
April 17, 2014 at 8:45 am
suffer my friend bear the consequences alone .sing your judgment day .
Gubezza
April 17, 2014 at 9:00 am
15years for less than an hour of joy at most, is a very long time to go and think about your ****** actions..I love your music,but you got off lightly with this one,with my daughter I would have put a bullet to your head and gladly accept the murder charge.
PANT NA NIKA
April 17, 2014 at 9:21 am
Balekenafye kanshi balilashile umwana? Mune kwena cabipa,pantu ingabaumfwa uluse ninshi ni 15 years in prison.
NICK G
April 17, 2014 at 9:30 am
KANENE learn to practice what u sing WAMONA NOMBA na bail BAKANA!
Mabvuto
April 17, 2014 at 10:24 am
imba nafuti ati kansapato tione
thomas acqinas
April 17, 2014 at 10:26 am
kasitoga kung’ambikila palikamwana sure ba kanene ndimwe asilu but some how you have a gud case lets see how far it will go i know the refusing of your bail application is for security purposes you will be heard a reasonable judgment will be made at the end of the day but should you be found wanting am afraid it is 15 years imprisonment.
GK
April 17, 2014 at 11:31 am
too bad,hopocrist is bad.
umuzambian
April 17, 2014 at 12:29 pm
check this outu?
BA KANENE BUPUBA BWENU; MWALITUMPISHA!
April 17, 2014 at 1:17 pm
BA KANENE MULEINGILA, MWALITUMPISHA, BUPUBA BWENU!
Cikakeni ico!
chishala
April 17, 2014 at 2:45 pm
you thought it was easy kosapo na selu
teckson nyirongo
April 17, 2014 at 4:33 pm
He went up to high court seeking either heavier punishment or total freedom. Give him a choice Castration/total freedom or Go in for 15 or more yrs.
cecil
April 17, 2014 at 5:31 pm
Baninamizila ati ninavala sapato ya mwana.Lol
jerry skozini
April 17, 2014 at 5:55 pm
Imwe size one aka ngenese bwanji size ten check this outu.. Imba nafui tione. Aapa peve unaitaya mwana!
Elisha
April 18, 2014 at 8:07 am
Imilandu wa le panga shonse, twaleku yelela. Wa lopola mukashi wobe, twaku yelela. Wa iba kopa twaku yelela, nomba uyu wa leta waku pandulu mwana, tuleku longa. Ule lomba na bello, waya sana!
Amatukutuku
April 18, 2014 at 8:55 am
&ust ask ba kanene if she can marry her mulabeko.
Peter Murderer
April 18, 2014 at 11:15 pm
Judgement day…