By JV Owiti
THIS IS ANOTHER UNPOPULAR VIEW. However, I do not believe the Citizen TV’s story of JULIUS WAMBUA aired on its Prison Diaries news item:
1. Julius was allegedly fixed by his own daughter whom he was convicted for defiling resulting to his being sentenced to Life Imprisonment in 2011 for a crime he never committed.
2. The said victim, the daughter (whose name I have deliberately concealed), has now come out to confess that the father never defiled her and that she was coerced by her mother who was unhappy that the father had remarried and that she made a plan to have her inherit the property including shamba.
3. JULIUS also alleges that his requests to the trial magistrate to be taken for DNA tests before even the case started were rejected by the magistrate (whom he refers to as ‘judge’).
4. The standard of proof of our cases is BEYOND REASONABLE DOUBT. This simply means that where there is any reasonable doubt, an accused person shall be released (in legal terms acquitted) even if the other evidence has much weight. It is therefore not easy (I’m not saying impossible) to fix a person and have them found guilty (convicted) on the basis of the fixing. It’s almost impossible to make up a story and have a person convicted. Courts would rather release a very dangerous criminal where there’s doubt than convict.
5. Defilement (or incest in the case involving relatives) requires proof of PENETRATION (which is proven by among other things, medical evidence), IDENTIFICATION (of the suspect, in this case recognition) and AGE of the victim. Again, it’s almost impossible to fix a person and prove all the ingredients to the required standards.
6. There also arises the question arises as to why the victim should be believed now that she admits to have lied to fix her own father. This is complicated by the fact that she seems to have disagreed with her mother – who she says, together with the other siblings, left her all alone – giving her more reason to lie now that she says the mother left her and now that she feels guilty that she is the reason her own father is behind bars.
7. I am almost certain that this is a case of a child feeling sad of being the reason of their parent (who defiled them) feeling sorry for their assailant. It’s understandable.
8. Let’s wait for the decision on the appeal, if any has been filed, as has beem reported.
9. I would advise that JULIUS seeks mercy from the Power of Mercy Committee where the child’s views may be considered in considering his case.
10. May justice be our shield and defender!