News / National
Corporal punishment ends tragically
14 Jun 2023 at 06:35hrs | Views
AN uncle allegedly killed his three-year-old niece by banging her head against the wall after she soiled herself, the High Court heard yesterday.
Ronald Moda, whose bail appeal was dismissed by the High Court, had been given custody of the minor by his relative.
It is alleged that on September 2, 2022, the deceased who was living with the applicant and his family, soiled herself but did not tell anyone.
"Angered by this, the applicant assaulted the deceased using a leather belt all over her body. He also banged her head against the cabin wall and she sustained injuries from which she later succumbed," the court heard.
Moda denied the charge arguing that there was no link between the cause of death and his conduct.
He claimed that he had noticed that she would exhibit signs of a strange illness and then mess herself up.
According to Moda, he informed the deceased's mother and was granted permission to discipline the child.
He, however, denied ever hitting the deceased against the cabin wall.
In his defence, he said on October 3, 2022 the child started behaving strangely and hallucinating.
"She died on the same day due to some underlying health condition totally unrelated to the assault," he said.
The State said the evidence against the accused was overwhelming.
Justice Lucy Mungwari, sitting at the Harare High Court, upheld the State's submissions.
"The applicant's failure to appreciate that the onus was on him to demonstrate that it was in the interest of justice for him to be admitted to bail proved to be his biggest undoing in this application," the judge ruled.
"Ultimately, he failed to convince me on a balance of probabilities that it was in the interest of justice to grant him bail. The state has a strong prima facie case against the applicant and he is facing serious charges.
"Furthermore, the applicant fled the scene after the commission of the offence indicating that he is a flight risk and increasing the chances of him absconding. In light of thesefactors, the applicant is not a suitable candidate for bail. The application for bail pending trial is hereby dismissed," Mungwari further ruled.
Ronald Moda, whose bail appeal was dismissed by the High Court, had been given custody of the minor by his relative.
It is alleged that on September 2, 2022, the deceased who was living with the applicant and his family, soiled herself but did not tell anyone.
"Angered by this, the applicant assaulted the deceased using a leather belt all over her body. He also banged her head against the cabin wall and she sustained injuries from which she later succumbed," the court heard.
Moda denied the charge arguing that there was no link between the cause of death and his conduct.
He claimed that he had noticed that she would exhibit signs of a strange illness and then mess herself up.
According to Moda, he informed the deceased's mother and was granted permission to discipline the child.
He, however, denied ever hitting the deceased against the cabin wall.
In his defence, he said on October 3, 2022 the child started behaving strangely and hallucinating.
"She died on the same day due to some underlying health condition totally unrelated to the assault," he said.
The State said the evidence against the accused was overwhelming.
Justice Lucy Mungwari, sitting at the Harare High Court, upheld the State's submissions.
"The applicant's failure to appreciate that the onus was on him to demonstrate that it was in the interest of justice for him to be admitted to bail proved to be his biggest undoing in this application," the judge ruled.
"Ultimately, he failed to convince me on a balance of probabilities that it was in the interest of justice to grant him bail. The state has a strong prima facie case against the applicant and he is facing serious charges.
"Furthermore, the applicant fled the scene after the commission of the offence indicating that he is a flight risk and increasing the chances of him absconding. In light of thesefactors, the applicant is not a suitable candidate for bail. The application for bail pending trial is hereby dismissed," Mungwari further ruled.
Source - newsday
