Tinaye Agere
Online Reporter
A High Court judge has ordered a retrial of an assault case after a criminal review showed that there were serious irregularities in the plea recording.
Justice Joseph Chilimbe overturned Obert Nhematema’s conviction and set aside his sentence, ordering the magistrate to conduct a fresh trial.
Justice Chilimbe ordered the retrial while reviewing Nhematema’s case whose conviction and sentencing were brought before the High Court for criminal review.
Nhematema was given a nine-month jail sentence after he was found guilty of attacking another man with an empty beer bottle on New Year’s Eve, causing a forehead injury.
The presiding magistrate initially sentenced Nhematema to 12 months in prison but suspended three months for five years on condition of good behaviour.
However, upon review, Justice Chilimbe reprimanded the magistrate, pointing out that they failed to properly record the plea, violating Section 271 of the Criminal Procedure and Evidence Act (CPEA).
There were blank spaces in the court’s records, further rendering the proceedings defective.
It also emerged that Nhematema was unrepresented during his trial.
“In the event that the accused is convicted after the retrial, the court shall consider the time he has already served in prison,” Justice Chilimbe ruled.
He also directed that a warrant be issued for Nhematema’s immediate release from custody.
Online Reporter