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| General Kanene |
This is in a matter in which
Dimba, popularly known as General Kanene, is charged with defilement of a child
contrary to the Laws of Zambia.
According to an affidavit in
support of summons to arrest sentence pending review of judgment filed in the
High Court, Dimba said the judgment brought out issues on the point of law.
He said it was his desire that
these points of law be reviewed before any sentence was meted by the court.
“I indulge this honourable court
to issue an order deferring my sentencing which is yet to be cause listed until
the review of my case,” Dimba said.
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.
“It clearly shows that the age
was not determined but to my surprise, the court went on to take judicial
notice in convicting me, the conviction I find to be very unfair,” he said.
Dimba was on Wednesday convicted
by the Lusaka Magistrates’ Court after he was found guilty of defiling a
13-year-old girl.
High Court research advocates
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.
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.
The offence is alleged to have
been committed on unknown dates but between January 31 and February 1, 2012 in
Lusaka.
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.
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