Juvenile’s case takes yet another twist

A probation officer who examined the boy and was called to testify in court, said the boy is now above 18 years and is approaching 19.

It was the State case that on 4 August 2010, at about 2pm, the juvenile called a 12-year-old girl and had anal sex with her once.

He did the same to a 13-year-old girl.

It was further the probation officer’s submission that given the fact that the boy has a similar previous conviction it means he cannot be dealt with in terms of the Children’s Act, which entailed that the Juvenile Court dealt with his case and placed him in an institution.

Mrs Fadzai Mthombeni, who is in Bulawayo to complete her partly heard case, yesterday committed the man to Kadoma Reformatory Centre where he would be monitored since it is a closed institution.

The boy, who was 16 years when he was convicted of two counts of aggravated indecent assault, was sentenced to 12 years in prison of which three years were suspended for five years on condition of good.

When the matter was taken to the High Court on appeal, it was ordered that the magistrate revisit the sentence she had imposed.

Senior Bulawayo High Court judge Justice Nicholas Ndou with Justice Lawrence Kamocha agreeing said the magistrate erred by not taking the advice of a probation officer.

In their recommendation, the probation officer had stated; “It is respectfully recommended that L.S. be referred to a psychiatrist for examination to determine if he is not neurotic or even suffering from mild psychosis.”

The doctors that examined the man stated that he does not suffer from any of the conditions.

“It was misdirection on the part of the regional magistrate to lightly dismiss the probation officer’s recommendation without hearing him or her,” said Justice Ndou before confirming the conviction and referring the matter to the regional courts.

The boy was brought before Mrs Mthombeni and his case was to be dealt with in terms of the Children’s Act.

He was taken to the Juvenile Court from where he was supposed to be placed in an institution.