He was released yesterday after bail pending review was
granted in Plumtree by Regional Magistrate Lungile Ncube. The child was
released into the custody of his mother.
His lawyer, Stanley Chinyanganya, confirmed the
development.
“We are coming from Bulawayo Prison, and the boy is now
with his mother and has gone home,” said Chinyanganya.
He added that they have filed an application for a review
at the High Court and are awaiting a hearing date.
“The case is not going back to Plumtree. In Plumtree, he
was convicted,” said Chinyanganya.
The boy’s mother shared her concerns with CITE, revealing
that he is deeply traumatised by the experience.
“He is not okay; he is seriously traumatised. When we took
him yesterday, he cried throughout. He doesn’t want anything, and when
relatives try to speak to him on the phone, he cries.”
She added that her son even pleaded for the clothes he was
wearing to be burned. “I am taking him to a social worker,” she said,
expressing fears that her son may be mentally disturbed.
The mother also mentioned that during a family day at the
prison yesterday, her son’s aunt visited him while she attended the court case
in Plumtree. She was informed that a Minister who was present during the family
day had noted the boy’s distress and discussed it with the aunt.
“When the aunt asked him if he would be okay if we didn’t
take him yesterday, he said he would be, as he was now used to the place,” the
mother added.
According to the pre-sentencing inquiry, the minor stated
that he saw inappropriate material (pornography) on a peer’s phone, and the
person told him that people were “playing,” so he thought of practising what he
had seen on a seven-year-old, leading to his arrest and subsequent sentencing
to 15 years in prison.
In passing judgment, the Magistrate stated that the penalty
provision for aggravated indecent assault is five years if committed in
mitigatory circumstances, but if committed in aggravating circumstances, the
penalty provision carries a minimum mandatory sentence of 15 years.
“No exceptions are given to juveniles, which means that
these juveniles also fall into the same category. When it comes to sentencing,
they are included in the term ‘any person’ who commits an offence and must be
sentenced in that manner.
“What makes this offence aggravating is the age of the
victim. If the victim is a child, that factor alone places the offence in the
category of aggravated circumstances, requiring a sentence of no less than 15
years,” read the court papers. CITE
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