RC Priest Jailed 30 Years for Sodomy, By Rose Mirondo, IPP [Tanzania], August 10, 2006

RC Priest Jailed 30 Years for Sodomy

By Rose Mirondo
IPP [Tanzania]
August 10, 2006

http://www.ippmedia.com/ipp/guardian/2006/08/10/72151.html

A Roman Catholic Priest, Sixtus Kimaro, was yesterday sentenced to 30 years in jail for sodomy.

Kimaro, 38, was further ordered by Kisutu Resident Magistrate's court in Dar es Salaam to pay 2m/- in compensation to the 17-year youth he was found guilty of sodomising.

In passing the sentence, Principal Resident Magistrate Pellagia Khaday, noted that the long jail sentence was intended to be a deterrent to potential offenders.

Sixtus Kimaro.

In her judgement, Khaday said the prosecution had proved in court beyond doubt that the youth (name withheld) was indeed sodomised.

The magistrate said it had been proved that Kimaro had unnatural sexual intercourse with the youth, who is still considered a minor in law and, therefore, incapable informed consent.

She said that the reverend indecently assaulted the youth and dehumanised him.

"In view of the strong and compelling evidence tendered, I have no doubt whatsoever in my mind that the prosecution has proved its case beyond any reasonable shadow of doubt.

I therefore convict you," the magistrate said.

The prosecutor, Willy Mlulu, noted: "The accused being a clergyman ought to have been a role model.

I therefore ask the court to sentence him to life imprisonment for the first count and five years for the second count.

He should also be ordered to compensate the victim for the social embarrassment, physical and psychological torture he inflicted on him," Mlulu said.

In mitigation, the convict's lawyer, Dr Masumbuko Lamwai, asked the court to exercise leniency.

"Your honour, my client is a first offender. Moreover, if imprisoned, he stands to lose his reverend status," Dr Lamwai told the court.

Having heard the mitigation, the magistrate handed Rev Kimaro a 30-year custodial sentence for sodomy and five years for dehumanisation of the youth. The sentences are to run concurrently.