Lusaka High Court judge Chalwe Mchenga has set April 17 as the date for ruling in a matter where convicted musician, Clifford Kanene, applied for judicial review of his February 4 defilement conviction by the Lusaka Magistrates’ Court.
When the matter came up yesterday, judge Mchenga said he would make ruling on whether Kanene, also known as ‘General’ Kanene, should be granted the application sought for his conviction to be reviewed.
According to an affidavit filed on March 21 in the High Court criminal registry, Kanene who was represented by his lawyer Nicholas Chanda, sought the review of the judgment arguing that the conviction was erroneous, mischievous and an affront to ingredients of the defence as the trial court fell into error when it failed to establish the date of birth of the said defiled girl which remained unknown up to the date of judgment.
Kanene submitted that as such, the defence and the State were not aware of the actual date, a fact he argued should have led to his acquittal.
In this case, Kanene is alleged to have defiled a 14-year-old two years ago contrary to the Laws of Zambia.
It was alleged that Kanene on unknown dates but between January 31 and February 1, 2012 in Lusaka had unlawful carnal knowledge of a girl under the age of 16, but he had denied committing the offence.
He submitted that due to failure to establish the girl’s age, he was seeking the High Court to review his conviction before a sentence could be passed.
Kanene said with due respect to the subordinate court that found him guilty of the offence, he indulged the High Court to issue an order deferring his sentencing which was yet to be cause-listed until the review of his judgment was done.
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Kanene’s Defilement Case Goes On
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