News / National
Chivero boat disaster case, lawyers appeal
25 Aug 2012 at 10:52hrs | Views
The case of the Chivero boat disaster which claimed the lives of 11 children has taken a new twist with the lawyers representing 2 of the convicted persons appealing against sentence.
The Defence Counsel for Joseph Abrahams and Fadil Ramon Weale are challenging the Magistrate's decision to sentence the 2 to 5 years in prison saying the sentence is too severe for first offenders.
The two are challenging the evidence linking the convicted persons to the offence saying there is no direct link that they caused the death of the 11 children.
They argued that the captain of the boat, Enoch Yorani Zulu was the one responsible for the safety of people on the boat.
The appeal against sentence by the Defence Counsel, Mr Hamios Mukonoweshuro and Yaqua Ali Jogee comes after the state said that it is going to appeal against the sentence and judgment for the first accused, Latif Ameer who was acquitted.
The state indicated that the 5-year jail sentence given to the 3 accused was a mockery to the serious charges that the accused persons are facing.
During trial the state led by Michael Reza had indicated that all the accused persons must be charged with murder.
However, the Presiding Magistrate viewed otherwise and observed that the evidence in court falls short of evidence to convict the 4 on murder charges.
The 11 counts of culpable homicide were however treated as one count after the defence pleaded with the court to have the 11 counts considered to be one, arguing that the incident occurred on one occasion.
Soon after sentence, parents and relatives of the children who perished in the boat protested against the decision by wailing and screaming outside the court.
The Defence Counsel for Joseph Abrahams and Fadil Ramon Weale are challenging the Magistrate's decision to sentence the 2 to 5 years in prison saying the sentence is too severe for first offenders.
The two are challenging the evidence linking the convicted persons to the offence saying there is no direct link that they caused the death of the 11 children.
They argued that the captain of the boat, Enoch Yorani Zulu was the one responsible for the safety of people on the boat.
The appeal against sentence by the Defence Counsel, Mr Hamios Mukonoweshuro and Yaqua Ali Jogee comes after the state said that it is going to appeal against the sentence and judgment for the first accused, Latif Ameer who was acquitted.
The state indicated that the 5-year jail sentence given to the 3 accused was a mockery to the serious charges that the accused persons are facing.
During trial the state led by Michael Reza had indicated that all the accused persons must be charged with murder.
However, the Presiding Magistrate viewed otherwise and observed that the evidence in court falls short of evidence to convict the 4 on murder charges.
The 11 counts of culpable homicide were however treated as one count after the defence pleaded with the court to have the 11 counts considered to be one, arguing that the incident occurred on one occasion.
Soon after sentence, parents and relatives of the children who perished in the boat protested against the decision by wailing and screaming outside the court.
Source - Zbc