Kidnapper who forced child to sleep behind blair toilet appeals sentence
Published: 2013 August 27 19:19:08 (5458 Views)
A woman from Ntabazinduna outside Bulawayo who was last month sentenced to an effective six years for kidnapping a six year-old girl has appealed to the High Court against conviction and sentence and has been granted $200 bail pending the appeal.
Ntombizodwa Tshuma, age not given but residing in Ntabazinduna, had been sentenced to 10 years in prison by then regional magistrate and now High Court judge, Justice Owen Tagu.
Four years were suspended for five years on condition of good behaviour.
Her accomplice Patrick Tshuma was found not guilty and acquitted as there was no incriminating evidence against him.
Tshuma, through her lawyer Mr Chamunorwa Shepherd of Calderwood, Bryce Hendrie and Partners appealed against both conviction and sentence saying the court had misdirected itself.
She applied for bail pending appeal which was granted by Justice Maxwell Takuva yesterday.
Justice Takuva said while it was common cause that the child, Nhlompho Ndlovu, a Grade One pupil at Imbizo Primary School, was found at Patrick Tshuma's homestead, it was mind boggling who had abducted her because the evidence given in court was inconsistent.
Justice Takuva said there were contradictions between Nhlompho's evidence and that given by Patrick Tshuma and queried why the State counsel failed to challenge such evidence during trial.
He said the circumstances in the case showed that there was no motive to harm the girl since she was found unharmed as confirmed by her aunt Ms Sibongile Moyo, who told the court during trial that there was no bad blood between her family and that of Tshuma.
Justice Takuva ruled that it was difficult to believe the complainant's evidence because she was seen by other children walking freely to Tshuma's homestead.
He said there were prospects of success in Tshuma's appeal and granted her $200 bail pending appeal.
She was ordered to reside at 59750/4 Iminyela Flats and not to visit Ntabaznduna until the matter is finalised.
Tshuma was also ordered to report to Western Commonage Police Station twice a week on Mondays and Fridays and to surrender her travel documents.
The State case was that on 9 March this year, Nhlompho was looking for goats when Tshuma kidnapped her and took her to Patrick Tshuma's homestead where she tied her hands and legs using a cloth.
The girl spent the night lying on the ground behind a blair toilet and complained that she was bitten by mosquitoes.
The girl's aunt teamed up with other villagers and confronted Tshuma who later released her and she was arrested after a report had been made to the police.
Miss Nokuthaba Ngwenya, of the Attorney General's Office represented the State.
- Newsbite
Ntombizodwa Tshuma, age not given but residing in Ntabazinduna, had been sentenced to 10 years in prison by then regional magistrate and now High Court judge, Justice Owen Tagu.
Four years were suspended for five years on condition of good behaviour.
Her accomplice Patrick Tshuma was found not guilty and acquitted as there was no incriminating evidence against him.
Tshuma, through her lawyer Mr Chamunorwa Shepherd of Calderwood, Bryce Hendrie and Partners appealed against both conviction and sentence saying the court had misdirected itself.
She applied for bail pending appeal which was granted by Justice Maxwell Takuva yesterday.
Justice Takuva said while it was common cause that the child, Nhlompho Ndlovu, a Grade One pupil at Imbizo Primary School, was found at Patrick Tshuma's homestead, it was mind boggling who had abducted her because the evidence given in court was inconsistent.
Justice Takuva said there were contradictions between Nhlompho's evidence and that given by Patrick Tshuma and queried why the State counsel failed to challenge such evidence during trial.
He said the circumstances in the case showed that there was no motive to harm the girl since she was found unharmed as confirmed by her aunt Ms Sibongile Moyo, who told the court during trial that there was no bad blood between her family and that of Tshuma.
Justice Takuva ruled that it was difficult to believe the complainant's evidence because she was seen by other children walking freely to Tshuma's homestead.
He said there were prospects of success in Tshuma's appeal and granted her $200 bail pending appeal.
She was ordered to reside at 59750/4 Iminyela Flats and not to visit Ntabaznduna until the matter is finalised.
Tshuma was also ordered to report to Western Commonage Police Station twice a week on Mondays and Fridays and to surrender her travel documents.
The State case was that on 9 March this year, Nhlompho was looking for goats when Tshuma kidnapped her and took her to Patrick Tshuma's homestead where she tied her hands and legs using a cloth.
The girl spent the night lying on the ground behind a blair toilet and complained that she was bitten by mosquitoes.
The girl's aunt teamed up with other villagers and confronted Tshuma who later released her and she was arrested after a report had been made to the police.
Miss Nokuthaba Ngwenya, of the Attorney General's Office represented the State.
- Newsbite
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