KEREKE FACES FREE­DOM

Chronicle (Zimbabwe) - - Front Page -

con­vic­tion was weak.

“In all the cir­cum­stances, this is a mat­ter in which, notwith­stand­ing some un­sat­is­fac­tory fea­tures of the ev­i­dence upon which the con­vic­tion was pred­i­cated, the court is of the view that the ad­mis­sion of ap­pli­cant to bail at this stage would un­der­mine the ad­min­is­tra­tion of jus­tice,” said Jus­tice Zhou.

“In the re­sult, the ap­pli­ca­tion for bail pend­ing ap­peal is dis­missed.”

In deny­ing Kereke bail, Jus­tice Zhou also con­sid­ered that the record had been tran­scribed and Kereke, through his le­gal coun­sel, should seek to ex­pe­dite the de­ter­mi­na­tion of the ap­peal. He also took into ac­count that Kereke was not forth­com­ing as re­gard to the im­mov­able prop­erty prop­er­ties he has which could be availed as se­cu­rity.

“The length of sen­tence cou­pled with the fact that the ap­pli­cant has al­ready been sub­jected to the in­con­ve­nience of prison life are fac­tors which would in­duce the ap­pli­cant to ab­scond,” he said.

The judge, how­ever, had no dif­fi­culty in ac­cept­ing as jus­ti­fied some crit­i­cisms by Kereke of the ev­i­dence com­plained of.

He noted that ev­i­dence of the com­plainant had to be con­sid­ered in its to­tal­ity to­gether with that of Kereke.

“The prospect of suc­cess of the ap­peal does not on its own al­ways con­sti­tute a pos­i­tive ground jus­ti­fy­ing ad­mis­sion to bail af­ter con­vic­tion and sen­tence,” ruled Jus­tice Zhou.

In this case Kereke, the judge said, had not shown pos­i­tive grounds for the court to reach a dif­fer­ent con­clu­sion.

“His right to per­sonal lib­erty must there­fore yield to the need to up­hold the proper ad­min­is­tra­tion of jus­tice,” he said. Kereke sought bail pend­ing ap­peal ar­gu­ing that his chances of suc­cess on ap­peal were bright.

He of­fered to de­posit $2 000 with the Harare Mag­is­trates’ Courts, sur­ren­der ti­tle deeds of a sin­gle im­mov­able prop­erty and pass­port to the Clerk of Court, among other strin­gent con­di­tions in a bid to buy his free­dom.

But pri­vate pros­e­cu­tor Mr Charles Warara said Kereke had no prospects of suc­cess on ap­peal.

Mr Warara ar­gued the con­vic­tion of Kereke was on the ba­sis of over­whelm­ing ev­i­dence which could not be chal­lenged now.

Kereke, he said, failed in his at­tack on the judg­ment of the court a quo to demon­strate the mis­di­rec­tion which would war­rant an ap­peal court to in­ter­vene.

The re­gional mag­is­trate, Mr Noel Mu­peiwa, sen­tenced Kereke to 14 years be­hind bars, but set aside four years for five years on con­di­tion he does not com­mit a sim­i­lar of­fence within that pe­riod.

The court, how­ever, ac­quit­ted him on charges of in­de­cently as­sault­ing the vic­tim’s elder sis­ter.

Cde Cyril Enock Nde­bele

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