News / National
'Prosecutors exaggerated my age'
21 Nov 2024 at 06:31hrs | Views
A Beitbridge resident magistrate, Takudzwa Gwazemba, has ordered an investigation into the age of a juvenile who accused prosecutors of falsifying his age in an effort to have him sentenced to prison. The teenager, who was arrested and convicted alongside 23-year-old Knowledge Mudau for stock theft, claimed that his age had been exaggerated by the authorities to make him eligible for prison.
The juvenile, who was caught skinning two goats, told the court on Tuesday that he was only 16 years old. However, he alleged that during the pre-trial interview, prosecutors had intentionally inflated his age to 23, the same as Mudau's, in order to subject him to the same legal consequences.
"I told them I was 16, and they said they will put my age at 23. I have no money because police took all my money when they arrested me," the youth explained in court.
In Zimbabwe, between the ages of seven and 14, there is a rebuttable presumption in law that children can be prosecuted, but the state must prove beyond reasonable doubt that they had the necessary criminal capacity at the time of committing the offense.
Following the youth's statement, Magistrate Gwazemba halted the proceedings and ordered the Zimbabwe Prisons and Correctional Service (ZPCS) officers to conduct a clinical dental examination on the juvenile. This method, which assesses age based on the emergence of teeth, is considered both economical and reliable for determining age without the need for special equipment or expertise.
Gwazemba emphasized the need to resolve the issue of the juvenile's age, ensuring the proper legal procedures were followed. The two accused, Mudau and the youth, were remanded in custody, and the case was postponed to next Monday, allowing time for the age investigation to be carried out.
The case has raised questions about the integrity of the pre-trial processes and whether juvenile offenders are being handled appropriately within the justice system. Further developments in the case are expected to shed light on the legal handling of juveniles accused of serious crimes.
The juvenile, who was caught skinning two goats, told the court on Tuesday that he was only 16 years old. However, he alleged that during the pre-trial interview, prosecutors had intentionally inflated his age to 23, the same as Mudau's, in order to subject him to the same legal consequences.
"I told them I was 16, and they said they will put my age at 23. I have no money because police took all my money when they arrested me," the youth explained in court.
Following the youth's statement, Magistrate Gwazemba halted the proceedings and ordered the Zimbabwe Prisons and Correctional Service (ZPCS) officers to conduct a clinical dental examination on the juvenile. This method, which assesses age based on the emergence of teeth, is considered both economical and reliable for determining age without the need for special equipment or expertise.
Gwazemba emphasized the need to resolve the issue of the juvenile's age, ensuring the proper legal procedures were followed. The two accused, Mudau and the youth, were remanded in custody, and the case was postponed to next Monday, allowing time for the age investigation to be carried out.
The case has raised questions about the integrity of the pre-trial processes and whether juvenile offenders are being handled appropriately within the justice system. Further developments in the case are expected to shed light on the legal handling of juveniles accused of serious crimes.
Source - newsday
