High Court judges Justices Munamato Mutevedzi and Ngoni
Nduna ordered the release of the juvenile after quashing all the proceedings. They
said the National Prosecuting Authority of Zimbabwe should pursue the case
before a different regional magistrate.
Newsday reports that during trial the accused, who appeared
with his guardian, told court that he did not need representation. In their
judgment, Justices Mutevedzi and Nduna said where an unrepresented
childappeared before a court facing any offence, the court could not ignore the
question of having a legal practitioner assigned to assist that child.
“The court must, as of necessity, approach the matter with
single-minded benevolence. As a general rule, therefore, because of the
severity of sentences imposable for rape convictions, a court must not proceed
to try and convict a child without legal representation. If that is done, it
will be evident that there is no power to match that of a court which protects
children.”
According to the court record, when the boy who thought he
would get corporal punishment was finally sentenced and the guardian was asked
if he understood the sentence, his reaction was utter astonishment.
“He could only manage to exclaim ‘15 years!’ I could have
quashed this conviction on this basis alone, but there is a worse problem with
it,” Justice Mutevedzi said, adding that the trial magistrate erred in not
asking the accused what his understanding of rape or sexual intercourse was.
0 comments:
Post a Comment