Ellington Maningi, 35, pleaded guilty to the charge after
his arrest in October 2021.
Manhingi went on to approach the High Court, noting his
appeal against sentence, arguing that his punishment must be reduced to
community service.
He applied for bail pending appeal claiming that he had
good grounds for success.
However, the State was opposed to the appeal, arguing that
the trial magistrate was justified to resort to a custodial sentence.
In his findings, Justice Munamato Mutevedzi dismissed the
appeal.
“What is noteworthy is that in an application for bail
pending appeal, the presumption of innocence, which Maningi enjoyed before
conviction, is taken away.
“He stands convicted and must be viewed as such until and
unless his appeal against the conviction succeeds.
“The situation is dire in instances such as in this case
where the conviction is not being challenged.
“Maningi must, therefore, rely on the benevolence of the
court in the exercise of its discretion to restore his liberty whilst he awaits
the determination of his appeal.
“It is the reason why an applicant is obligated to put
before the court cogent reasons why it would be in the interests of justice
that he be released on bail,” reads the judge’s ruling.
Justice Mutevedzi added that Maningi was not a candidate
for bail.
“For a mature man of 35 years, to have sexual intercourse
with a 15-year-old and seek to escape responsibility for his inexcusable
behaviour by clamouring for community service, is being disingenuous.
“The law does not prescribe that every offence, where a
sentence of 24 months or less, is imposed, the court must resort to community
service.
“There are instances when community service is simply not
the appropriate penalty.
“In the final analysis, there are no prospects that the
applicant will succeed in having the prison sentence substituted with a non-custodial
punishment of any form.” H Metro
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