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Padre Sixtus Kimaro pleads against sodomy sentence
2007-05-03 09:22:25
By Rosemary Mirondo
Father Sixtus Kimaro (39), who was last year jailed for 35 years by the Kisutu Resident Magistrate`s Court in Dar es Salaam for sodomy and sexual assault, has appealed to the High Court of Tanzania against both conviction and sentence.
The appeal, which was scheduled for hearing yesterday but could not take place, was filed by the appellant`s lawyer, Dr Masumbuko Roman Lamwai.
The case has been assigned to Judge Thomas Mihayo for hearing and determination thereof.
In the memorandum of appeal, Kimaro seeks the Court`s order to overturn the incriminating verdict of the High Court that found him guilty of the offence.
Kimaro contends that the decision of the trial magistrate is unfounded in law and that it did not conform to requirements of the law for a number of reasons.
In the first place, the trial magistrate erred in law when he convicted him on the basis that the prosecution had proved its case beyond reasonable doubt, when as a matter of law, it had not.
He contends that the trial magistrate misdirected herself in law when she sentenced him to 35 years in jail as the sentence could have been even lower than which was imposed.
The appellant also appeals against the 2m/- compensation order entered by the trial court for the reason that the trial magistrate erred to enter such an order in the absence of evidence that the complainant was injured.
The evidence showed that the complainant had been sodomized but the doctor`s report expressed doubt if he had been sodomized at all.
Kimaro further contends that the trial magistrate erred when she shifted the burden of proof on him although the burden of proof lies with the prosecution.
Another ground of appeal the appellant raises is that the trial magistrate erred in both fact and law when she led herself to believe that the complainant was reliable in his evidence when as a matter of fact he was untrustworthy.
The other ground of appeal raised against conviction is the failure by the trial magistrate to appreciate and believe the evidence of the appellant in respect to the manner they were found at the dump site of the University of Dar es Salaam, which happened to be the scene of the incident.
The priest was convicted and sentenced to 30 years following proved allegations that between 2003 and May 18, 2005 he sodomized a boy aged 17 years.
He was also convicted and sentenced to another five years for causing sexual annoyance to the boy by telling him to suck his private parts.
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