INCARCERATED Lusaka based musician, Cliford Dimba, popularly known as ‘General’ Kanene has appealed to the Supreme Court against both his conviction and 18 years jail sentence for defilement.
Dimba ,27, was on Friday slapped with a jail sentence of 18 years with hard labour by Lusaka high court judge, Chalwe Mchenga for defiling a 14 year old girl.
Mr Justice Mchenga sentenced Dimba after he confirmed his conviction by Lusaka magistrate Rodgers Kaoma who found him guilty of the offence.
He stated that Dimba’s defilement of the girl was premeditated, an action which resulted in him having unlawful sex with a girl under the age of 16.
But Dimba has through one of his defence lawyers, Nicholas Chanda appealed against the conviction and sentence saying both Mr Justice Mchenga and Mr Kaoma erred in law and fact when they convicted and later sentenced his client.
Mr Chanda said it was wrong for the court to convict his client in an event that there was a lacuna of evidence in terms of lack of birth record of the girl.
” The learned trial magistrate in the court below as confirmed by the sentencing court both erred in law and fact when they convicted and later on confirmed the offence of defilement on the ground that there was a lacuna of evidence in terms of lack of birth record of the prosecutrix and/or failure to adduce in Magnetic Image Renaissance. (RMI scan),” Mr Chanda stated.
He said that the court should not have sentenced Dimba on the basis that there was an enrolment register produced to court by the girl’s parents when it should have been the school authorities who should have done so.
Dimba of house number B/02 Msisi Township was charged with the defilement of the girl on January 31, 2012.
He was convicted by Mr Kaoma on February 4, 2014 after he was found guilty of the offence.
If thats the case please set him free. Since when did school records become birth records?
Before you date any girl make sure you sign this form
CONSENT FORM SIGNED BEFORE SEXUAL INTERCOURSE
This certifies that, I, ____________________________ the undersigned female (hereafter referred to as the “screwee”) about to enjoy sexual intercourse with _________________________ (hereafter referred to as the “screwer”).
I am above the lawful age of consent. I am in my right mind and not under the influence of any narcotic or alcoholic substances.
…
The aforementioned screwer need not use any force, threats, coercion or promises to influence me. Furthermore I, the screwee, am in no fear of him whatsoever, and do not expect or wish to marry him. I do not know if he is married or not, and I do not care. I am neither asleep nor drunk, I’m entering this relationship with him…
I love it and want it as much as he does.
In the event whereby I receive the full satisfaction, which I expect, I declare in advance the capacity and willingness to further participation as soon as time permits. In addition, I will not act as a witness against him nor will I file charges against him should I fall pregnant, contract a sexual disease or feel that he is violating any legislation, moral, legal or otherwise.
Signed naked before jumping into bed at ____________ on this _________ day of the______________Month in the year 201
Those Chinese in Luanshya defiled the gals aged between 12 & 14 and the state entered into Noelle prosecute. Kanene had sexual intercourse with a girl whose age is not known and is sentenced to 18 yrs. Where is justice? A lot of injustice in our judiciary.
I hear the girl has a kid not born from Kanene
General Kanene, here is free legal advise. Go and serve the 18 year jail term than waste your time with wrong argument by your lawyer Nicholas. He is misleading you. The evidence adduced against you is overwhelming and ignorance of the girl’s age won’t save your A***. The Supreme Court will slap you will the maximum jail term of 25 yrs and you will hang yourself in Mukombeko because of “ichikonko!”
Girl Defiled By Kanene Already Has A Child, But Not For Kanene, extract from Tumfweko
It has now emerged that the girl who made sure General Kanene is sentenced to 18 yrs in jail already has a Kid and that kid is not for Kanene.
So how was she defiled by Kanene if she was already a mother before Kanene? more questions than answers..
She was defiled because she is under 16yrs of age, not because she does not have a child! Children can be born even when a girl is 10 years of age! Let them cage the imbec yle!
Suntwe , when a person becomes a parent , they become ” de facto ” adult in that they are now entitled to make decisions as parents ! THIS ISSUE STINKS ! A CERTAIN PARAMOUNT CHIEF WAS ALSO REPORTED TO HAVE SLEPT WITH AN UNDERAGE GIRL AND EVERYTHING WAS SWEPT UNDER THE CARPET !
If Dimba’s lawyer called Magnetic Resonance Imaging (MRI) Magnetic Image Renaissance (RMI) scan, I am not surprised that Kanene is losing his case all the way. Or could it just be the usual ineptitude of LT. I know the usual foolish blogger will come to their rescue shortly as he supports mediocrity with a passion.
i think its unfair that he should be convicted when the girls age is unknown. set him free!
This Kanene thing brings out one big of a lessons;
1. Dont just open your zip because waona kagelo, have respect for yourself (married or unmarried) Next time wina azadya yo ola.
If harsh sentences were a deterrent to commit crime then the USA would have been free of murder crimes. What do you achieve by incarcerating productive young people? The society needs to help them to reform. You send them to jail where they become hard core criminals by the time they come out.
Yaluka ba General!!! Just a 2 minutes activity resulting in him getting a jail sentence of 18 years?
Two minutes????
Guys,……………………………………………………………………………………………………..
1. No birth Certificate 2. No Under five card 3. No MRI Scan 4. Girl already has a child.
The evidence relied on? Enrollment register at school and then they convict him??? How???
Aha! That factor of the girl having a child means the first guy must go in for 36 years… I quite overlooked that – thanks dudelove.
iwe ka imprezza. Ulichikopo….even if she had a child if she is below. .16 thats defilement
Lulu # 11 You are a complete id!ot. You should have a certificate to be that ugly. Why didn’t the parents take action the time she got pregnant if it’s true the girl has a baby? The moment a “girl becomes a parent” has a right to make independent decisions. Other people are only there to advise and give guidance.How do you know she was 14 years apart from insinuations? not even her parents know when she was born. I am not supporting Kanene but lets level the playing field.
Some laws may mislead. Girls please carry your NRC whenever you go into prostitution. A lot under aged girls are sex workers and target those with money. For sure you cant know by looking. I do not support promiscuity but to jail a men leaving girls who hide their ages is being unfair and segregative. Rape is an obvious offense.
I don`t approve of what he did but if this guy was a rich American he could have had walked free because of the the inconsistencies in his case.
SIMPLE ADVICE TO ALL: RESTRAINT; SELF CONTROL; SELF RESPECT; BE PURPOSEFUL IN LIFE; INTEGRITY AND ABIDING BY THE LAWS AND MAINTAINING SENSE OF MORALITY WILL MAKE US AVOID UNFORTUNATE SITUATIONS. JUSTICE TO THE VICTIM, ACCUSED AND GENERAL SOCIETY SHOULD BE A LEADING GUIDE AND NOT EMOTIONS.
GOOD POINT
I don’t believe that the girl is 14
I don’t believe that the girl is 14.
Too many inconsistencies in this case…Just give him a suspended sentence and community services where he’ll go and talk about such crimes in schools etc
School records can’t be a reliable proof of age, same applies to NRCs. Many people change their dates of birth when they enroll late in school, when getting an NRC, or when being employed; for obvious reasons.
amuchange so that next time he will not have intercourse outside marriage.
This case has not been proved beyond resonable doubt The age is key to the judgement.The man is wrongfully improsoned
Thank u 4 da judgement upondo mu chitolokosi
Ha ha ha.. this is turning into a circus. Surely this pervert was not bothered about the girl’s age apart from cooling off his hot rod at the time . A bit too late chasing for the age now…and i know they are a lot of you men out there having your share of child sex. Carry on but soon the law will catch up with you and hopefully you will be locked away.
we all agree that the guy should be punished but let there be scientific evidence to ascertain the girls age …. i have prayed over this issue and my heart tells me the parents of the girl are hiding something
I think the guy is wrongly imprisoned.
money is talking ryt their.p/z zambias let us practice justice.
4gv kanene akalibe kuchimwapo nindani coz moonse munadya b4 18
We wait and see what happen.