BEITBRIDGE resident magistrate Takudzwa Gwazemba on Tuesday ordered an investigation to establish the age of a juvenile who accused prosecutors of exaggerating his age to have him condemned to prison.
The juvenile was arrested, tried and convicted together with Knowledge Mudau (23) for stocktheft after they were caught skinning two goats.
The boy told Gwazemba that he was only 16.
Between the ages of seven and 14 years, a rebuttable presumption operates, meaning children who fall within that age category can be prosecuted provided the State can prove beyond reasonable doubt the suspects bore the necessary criminal capacity at the time of the commission of the offence.
“I told them I was 16 and they said they will put my age at 23. I have no money because police took all my money when they arrested me,” the youth said.
Asked about who exaggerated his age, the boy said the prosecutors did so during the pre-trial interview.
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Gwazemba immediately stopped the proceedings and ordered the Zimbabwe Prisons and Correctional Service officers to conduct a clinical dental examination to determine his age.
The clinical dental method to assess age is based on the emergence of teeth in the mouth.
This method is more suitable since it does not require any special equipment, expertise and is economical.
Mudau and the youth were remanded in custody to next Monday.