ANOTHER attempt to secure freedom by two Chivero convicts serving a five-year jail term each for the death of 11 children at Lake Chivero last Christmas, again hit a brickwall yesterday after the application for bail pending appeal was thrown out by the High Court.
Report by Charles Laiton, Senior Court Reporter
High Court judge Justice Hlekani Mwayera dismissed Joseph Abrahams and Fadil Ramon’s applications saying there were no prospects of success on their appeal against both conviction and sentence.
“The decision by the lower court in denying the accused bail pending appeal is upheld by this court after considering that there are no prospects of success on appeal. Therefore, an application for bail pending appeal is hereby dismissed,” Justice Mwayera said.
Application by the two convicts came about after provincial magistrate Tendai Mahwe, who convicted the pair, dismissed the boat crew’s bail pending appeal application.
Mahwe said a five-year effective jail term imposed on each of the two was, in fact, on the lenient side, as such there were no prospects of a reduced sentence or the setting aside of their conviction.
Mahwe also said in dismissing the convicts’ application, he had considered prospects of success on appeal by the two men against the possibilities of them absconding.