The prosecution office is set to file an appeal against the acquittal of Latif Ameer, the owner of the boat that killed 11 children at Lake Chivero on Christmas Day last year.
It also intends to appeal against the five-year jail terms imposed on the convicted boat crew arguing the sentences were “too merciful”.
Prosecutor Michael Reza yesterday told the court that provincial magistrate Tendai Mahwe misdirected himself when he acquitted Ameer on Monday.
This came as lawyers representing the jailed Chivero boat crew have blamed the Ministry of Transport and the victims’ parents for the tragedy.
“Despite having noted in his judgment that there was evidence that Ameer instructed an unlicensed boat driver, Enock Yolani Zulu, to take charge of the unregistered boat leading to the children’s demise, the court, nonetheless, acquitted him,” Reza said.
The State argued that the mere fact that the magistrate noted that Zulu changed his statement to exonerate Ameer was evidence enough to convict the boat owner.
The State also argued that the five-year jail terms imposed on Zulu, Fadil Ramon and Joseph Abrahams were “too lenient” considering the nature of the offence.
“The court should have referred the matter to the High Court by applying for extended jurisdiction to enable it to impose a much stiffer penalty that would befit both the offence and the offender,” Reza said.
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The three men were convicted of overloading the boat with 14 more passengers and failed to supply all the 19 children with lifejackets.
Addressing the court in mitigation, one of the defence lawyers, Jacob Ali Jogee, said: “Water is very dangerous. If some of the parents had acted as proper guardians and checked how the boat was being loaded on the fateful day, this could not have happened.
“The parents share the guiltiness as well. They were supposed to have supervised the loading of the boat where they would have realised there were no lifejackets for the children and refused to let them go.”
Jogee said it was inconceivable that the Transport ministry had only one official responsible for monitoring safety at Chivero, Mazvikadei and Osborne dams.
“The Ministry of Transport is equally guilty and must share the blame together with reckless parents who were instead partaking of alcohol on the day in question,” Jogee said.
The other defence counsel, Hamios Mukonoweshuro, concurred with Jogee, saying the parents were supposed to be charged with contravening the Children’s Act.
“The State is obliged to apply the law equally. What we have seen is a clear selective application of the law,” Mukonoweshuro said.
“In other jurisdictions, the remaining children are taken over by the State because their parents are a danger to them and the Ministry of Transport had a duty to protect them as well.”
Mukonoweshuro further lamented the failure by the Transport ministry to implement recommendations made by the Malaba Commission after the drowning of 22 Moleli High School students at Lake Chivero in 1995.
“Almost 12 years after the recommendations, nothing has been done and as long as the situation remains like this, we are bound to have the same problems where lives are lost at the lake,” Mukonoweshuro said.
Reza partially concurred with the defence on the question of safety on the country’s waters.
“I agree with the defence. Unless something is done there will be recurrence at Chivero of such acts unless accused are incarcerated,” Reza said.
