News / National
Lake Chivero boat disaster crew's bail bid rejected
04 Sep 2012 at 20:17hrs | Views
A Harare magistrate yesterday rejected an application for bail pending appeal by two of the crew members of the boat, which capsized, killing 11 children in Lake Chivero on Christmas Day last year.
Joseph Abrahams (37) and Fadil Ramon Weale (27) were recently jailed five years each for culpable homicide.
Also convicted was Enoch Yolani Zulu (36) who was driving the boat while the owner of the boat Latif Ameer (53) was acquitted on a technicality.
Magistrate Mr Tendai Mahwe threw out the pair's application, saying there were no prospects of success on appeal.
"The principles governing bail are different before conviction and after conviction.
"After conviction, the issue of accused's culpability is no longer an issue," said Mr Mahwe.
"It was the court's finding that the convicted person's conduct was grossly reckless leading to the death of 11 children.
"The sentence of five years while long is still on the lenient side.
"In this case I don't see any other court interfering with either the conviction or the sentence.
"Accordingly the application is therefore dismissed."
In their application Abrahams and Weale had argued that they were first offenders and that the five-year jail term was too severe.
The defence team wanted the court to impose a non-custodial sentence arguing that it would encourage correctional behaviour instead of hardening the first offenders by throwing them among habitual offenders.
They also argued that besides the sentence being stiff, there was no concrete evidence linking their clients directly to the death of the 11 children.
They argued that the criminal liability lies squarely with Zulu.
In his counter-arguments prosecutor Mr Michael Reza urged the court to reject the application.
He said allowing the application by the duo would prejudice the administration of justice considering the seriousness of the offence.
Mr Reza added that the severity of the sentence would induce them to abscond.
He said their chances of success on appeal were slim.
Joseph Abrahams (37) and Fadil Ramon Weale (27) were recently jailed five years each for culpable homicide.
Also convicted was Enoch Yolani Zulu (36) who was driving the boat while the owner of the boat Latif Ameer (53) was acquitted on a technicality.
Magistrate Mr Tendai Mahwe threw out the pair's application, saying there were no prospects of success on appeal.
"The principles governing bail are different before conviction and after conviction.
"After conviction, the issue of accused's culpability is no longer an issue," said Mr Mahwe.
"It was the court's finding that the convicted person's conduct was grossly reckless leading to the death of 11 children.
"The sentence of five years while long is still on the lenient side.
"Accordingly the application is therefore dismissed."
In their application Abrahams and Weale had argued that they were first offenders and that the five-year jail term was too severe.
The defence team wanted the court to impose a non-custodial sentence arguing that it would encourage correctional behaviour instead of hardening the first offenders by throwing them among habitual offenders.
They also argued that besides the sentence being stiff, there was no concrete evidence linking their clients directly to the death of the 11 children.
They argued that the criminal liability lies squarely with Zulu.
In his counter-arguments prosecutor Mr Michael Reza urged the court to reject the application.
He said allowing the application by the duo would prejudice the administration of justice considering the seriousness of the offence.
Mr Reza added that the severity of the sentence would induce them to abscond.
He said their chances of success on appeal were slim.
Source - TH
