'Disciplinarian' Uncle Accused Of Killing Niece (3)
The High Court on Tuesday dismissed a bail application by a man who allegedly killed his three-year-old niece by banging her head against the wall after she soiled herself.
NewsDay reported that the accused, Ronald Moda, had been given custody of the minor by his relative.
The court heard that on 02 September 2022, the deceased who was living with the applicant and his family, soiled herself but did not tell anyone. Prosecutors said:
Angered by this, the applicant assaulted the deceased using a leather belt all over her body. He also banged her head against the cabin wall and she sustained injuries from which she later succumbed.
In his defence, Moda claimed that he had noticed that the minor would exhibit signs of a strange illness and then mess herself up.
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He said he informed the deceased’s mother and was granted permission to discipline the child.
Moda denied ever hitting the deceased against the cabin wall.
He said that on 03 October 2022, the child started behaving strangely and hallucinating. Added Moda:
She died on the same day due to some underlying health condition totally unrelated to the assault.
However, the State said the evidence against the accused was overwhelming.
High Court judge Justice Lucy Mungwari dismissed Moda’s bail application, saying he is a flight risk. Ruled the judge:
The applicant’s failure to appreciate that the onus was on him to demonstrate that it was in the interest of justice for him to be admitted to bail proved to be his biggest undoing in this application.
Ultimately, he failed to convince me on a balance of probabilities that it was in the interest of justice to grant him bail.
The state has a strong prima facie case against the applicant and he is facing serious charges.
Furthermore, the applicant fled the scene after the commission of the offence indicating that he is a flight risk and increasing the chances of him absconding.
In light of these factors, the applicant is not a suitable candidate for bail.
The application for bail pending trial is hereby dismissed.
In March this year, High Court judge Justice Munamato Mutevedzi ruled that corporal punishment is permissible and cannot be classified as assault and a criminal offence if the intent to discipline is proven.
Mutevedzi made the ruling when he cleared one Yeukai Graham Mutero of charges of killing her 13-year-old son while trying to discipline him.
The judge ruled that corporal punishment was permissible in disciplining children if proven that the intent is purely disciplinary.
More: Pindula News
