convicted was Enoch Yolani Zulu (36) who was driving the boat. The boat owner Latif Ameer (53) was acquitted on a technicality.
Justice Hlekani Mwayera upheld magistrate Mr Tendai Mahwe’s ruling saying there were no prospects of success on appeal, adding that the pair was a flight risk.
Abrahams and Weale through their lawyer Mr Hamios Mukonoweshuro had argued that they were first offenders and that the five-year jail term was too severe.
The defence team wanted the court to impose a non-custodial sentence arguing that it would encourage correctional behaviour instead of hardening the first offenders by throwing them among habitual offenders.
They also argued that besides the sentence being stiff, there was no concrete evidence linking their clients directly to the death of the 11 children.
They argued that the criminal liability lies squarely with Zulu.
Mr Justin Uradi from the Attorney-General’s Office opposed the application for bail pending appeal.
He argued that they were a flight risk, adding that allowing the duo’s application would prejudice the administration of justice considering the seriousness of the offence.
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