Timothy Lipese Free After Being Wrongly Judged

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He was innocent, but ended up being convicted for defiling a 11year-old girl. He was sentenced for 10 years in 2017 by Hamisi Resident magistrate Dennis Ogal. Today he is a freed man as there is not solid evidence to warrant the jail term.

Timothy Lipese the 25-year old  bodaboda operator, was also facing a separate charge of committing indecent acts with a minor.

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The prosecution claims the complainant was on her way to buy milk when he met the accused.

It was alleged that Mr Lipese then took her to his house where he defiled her.

Justice Jesse Njagi in his ruling said that contradicting statements of various witnesses was not considered during trial.

“I reject the submission by the state that the charge of defilement was proven. I find the trial magistrate erred in convicting him,” he ruled.

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He noted that reports from a nursing officer, Mr Stephen Videnyi, showed that the complainant is HIV positive however the accused is not.

“It was not defense that the appellant was not infected with HIV as he could only have been infected after 3 months,” added Mr Njagi.

Mr Njagi also noted that the trial magistrate had admitted hearsay evidence of the complainant without any documented prove.

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