…after sex with minor, high court
to sentence him
By CAROLINE KALOMBE
RENOWNED Zambian musician
Clifford Dimba, popularly known as General Kanene, has been convicted and
committed to the High Court for sentencing after he was found guilty of having
sex with a 13-year-old girl in a matter that has outraged human rights groups.
This is in a matter in which
Dimba is charged with defilement of a child under the age of 16, contrary to
Zambian laws.
In his defence, Dimba told the
court that he knew the child because she had been asking for CDs from him and
that she had offered herself to be his dancing queen.
Dimba told the court that the
child said she was 18 years old because he told her that he does not employ
anyone under that age.
He contended that the girl told
him to have sex with her to prove that she was 18 years.
When the matter came up for
judgment before High Court research advocate Rogers Kaoma sitting as
magistrate, Dimba was found 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.
He said he took judicial notice
that not all children in Zambia have birth certificates because of lack of
facilities.
“It does not mean that someone is
not a child because there is no record of birth. There should be other evidence
that the court can consider to determine the age of the child,” Mr Kaoma said.
He said the age of the child was
clearly determined by her father who said when the child was born, the head
teacher of the school she attended confirmed when the child was enrolled and
that a medical doctor also told the court that the child was 13 years old.
Mr Kaoma said his own assessment
determined that the girl was indeed a child and that was not suggestive of a
prostitute as contended by Dimba.
He said on the aspect of sexual
contact, the evidence of the child was believable as she was not forced to
narrate what happened to her and that if so, she would have appeared shaken.
Mr Kaoma said Dimba did not make
an effort to refute the claim that the child was returned to her parents’ home
after spending the night with her.
“I am satisfied that the
prosecution has proved its case beyond reasonable doubt and that the accused
person committed the offence and had no lawful excuse,” Mr Kaoma said.
He said as a musician, Dimba is
supposed to be a role model in society but that he took advantage of the naivety
of a child who was his fan.
The offence is alleged to have
been committed on unknown dates but between January 31 and February 1, 2012 in
Lusaka.
Mr Kaoma has since committed
Dimba to the High Court as the minimum sentence for defilement is 15 years
imprisonment, a sentence that is out of the jurisdiction of the magistrate’s
court.
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