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Why Wagner wants his jail term quashed

BUSIA
By | October 29th 2010

By Evelyn Kwamboka

Former Java Coffee Managing Director John Cardon Wagner wants his 15 years jail-term for defiling three girls, quashed.

Wagner, who is out on Sh1 million bond and under tight conditions, argues the trial magistrate found him guilty in a matter where the age of the complainants was not established in court.

His fate now lies on High Court Judge Mohammed Warsame’s judgement on December 15.

Yesterday, through his advocate Kioko Kilukumi, Wagner told the court no evidence on the girls’ age was produced.

"There was no scientific evidence that the girls were below 18 years and no birth certificates or age assessment reports from doctors was produced," he argued.

The court will investigate, re-evaluate and determine why trial Magistrate Teresiah Ngugi amended the charge sheet and sentenced him to 15 years imprisonment.

Wagner alleges the magistrate amended the document after the prosecution had closed its case.

The court will also decide the rationale of sentencing the applicant to 15 years when the charge as amended by the trial court, provided for 20 years. Wagner was found guilty of defiling three girls aged between 13 and 14 years.

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Ubakaji Kitale
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