Kitwe high court has squashed a bail application by a convicted 59 year old man of Ndola who is charged with having carnal knowledge of a 12 year old school girl against the order of nature.
According to a statement of offence, Grey Servana 59 years, committed unnatural offence contrary to section 155(1) of the penal code Chapter 87 as amended no.15 of 2005
The particulars of the offence are that Servana on November 5, 2009 in Chingola had carnal knowledge of a 12 years old girl against the order of nature.
Servana on the material day sodomised the minor at his garage in Chingola.
He was convicted and sentenced to 25 years imprisonment by the Kitwe High Court in May this year and applied for bail pending an appeal in the Supreme Court.
Servana stated in his ground of appeal that the lower court erred and misdirected itself when it held that the prosecution had proven its case beyond reasonable doubt when the weight of the evidence did not go to support such findings.
But the state opposed the application stating that the court had jurisdiction to admit a convict to bail pending appeal. The state also argued that the application ought to be exercised judiciously.
The defence urged the court to exercise its inherent discretion and admit the application to bail pending appeal as the state would not suffer prejudice.
In making her ruling Judge Judy Mulongoti said the issues raised in the applicants affidavit as bad health and ability to find sureties were not special circumstances.
Judge Mulongoti said the bail pending trial is liberally granted as a right as it’s not the case with bail pending appeal.
She stated that the prospect of success of appeal may be considered as a special circumstance and did not see it as such in this matter.
Judge Mulongoti said accordingly she has exercised her discretion and refuse to grant the application for bail pending appeal.
[ ZANIS ]
When darkness falls and shadows start to creep around State House
What is your last thought before sleep, old Rupiah
Fear, dread, loathe, doom, peeing monkeys?
Donchi Kubeba
Leave him to rot in jail and let them do to him what he did to that 12 year old child
Shame on you, shame on his defence lawyers
Any person who commits an offense ought to be subjected to the due process of the law and appropirate punishment metted out. The role of the defence lawyers is key in this respect to ensure that the accused is not prejudiiced on the basis of the gravity of the case he is alleged to have commited.How many people have been accused and killed by mobs of witchcraft. It was only later we discovered that the misterious disease was HIV. By the way look at the unfolding events in the Strauss khan case were the victim is alleged to have lied. Even the lady who lied on R4M on Muvi TV is accusing the husband of indecently assualtig the baby. In her own words, she said she will ensure she finishes him. So please respect us DEFENCE Lawyers because you may need us when the whole world abandons you befor
The man knew what he was doing. The courts can’t let him off lightly it’ll open the flood gates. Penalties like that should deter paedophiles from their actions.
No bail for this SOB. Let him rot in jail.
Imagine that was your daughter or your son he that was defiled, crimes against children shld not be tolerated…. NO BAIL he was convicted, the defense argument falls short of being concrete.. Let him go and be wifey to big boss at mukobeko maximum.
The sentence of 25yrs is lenient, he should have been given at least 100yrs. He could not control his dick so he must rot in hell.