An African man jailed for 15 years for raping a teenage girl, whom he alleged was his bride, has lost his appeal against his conviction but has succeeded in reducing his term of imprisonment by 15 months.
The Court of Criminal Appeal dismissed Kasenge Bangus's appeal against his conviction for rape of the 15-year-old Zambian girl, who said he locked her up in a house in Wexford and raped her there and in Dublin, resulting in her becoming pregnant. The girl denied his claim they were married or that the sex was consensual.
However, while rejecting his appeal, the CCA brought forward by 15 months his release by agreeing to backdate the 15 year sentence imposed on him. The court backdated the sentence from April 2005 to January 2003 to take into account time Mr Bangu spent in custody in Zambia where he was on trial in 2004 for similar charges.
Mr Bangu (47), from Congo, was convicted on four charges of raping the then 15-year-old at an address in Wexford on dates from November 20th to December 7th, 2002. The girl became pregnant as a result and was assisted by the HSE to have an abortion in England.
Mr Justice Barry White imposed a 15-year sentence, to run from January 2003, on each of the four counts of rape to run concurrently. He suspended the final two years to reflect the time Bangu spent in custody in Zambia.
Mr Bangu, through his counsel John Phelan SC, appealed against his conviction on several grounds, including that the trial judge had faield to give an adequate warning related to corroboration of evidence and had indequately summed up the defence case to the jury.
Mr Phelan also argued the 15 year term was "excessive" on grounds that Bangu had no previous convictions and prison life was tougher for a foreign national.
Opposing the appeal, Mr Denis Vaughan Buckley SC, for the DPP, said neither the conviction nor the sentence should be interfered with.
Mr Justice Nicholas Kearns, presiding at the CCA and sitting with Mr Justice Paul Gilligan and Mr Justice Kevin Feeney, said the court would dismiss the appeal against conviction for these "serious offences". He said Mr Justice White had given "a text-book example" warning regarding corroboration and had fairly summed up the case to the jury.
The judge said the CCA also took account the physical and psychological injuries of the victim and that she was in fear of Mr Bangu. While the court would uphold the 15 year sentence, it would backdate it to January 2003 when Mr Bangu first went into custody in Zambia, he added.
Mr Bangu's trial was told he was introduced to his victim's family through a friend in Zambia in early November 2002 and an offer was made to travel to Ireland to get a good education. The victim and another girl, together with Mr Bangu and a woman, arrived here on November 17th, 2002, on false passports and were brought to Wexford.
The teengaer said she was locked into a room and raped by Mr Bangu a few days after arriving. She was also raped at an address in Dublin, before returning to Wexford where she was raped again. In December 2002, she and another girl ran away from the house in Wexford, went to the gardai and were put in care.
The girl later discovered she was pregnant and travelled to England to have the pregnancy terminated. DNA evidence showed there was an "extremely strong indication" Mr Bangu was the father.
Mr Bangu claimed to have married the victim in Zambia in November, 2002 after paying a dowry of a goat, a length of fabric, a frying pan and US $500 in a traditional arranged ceremony. He claimed he believed the girl was over 18 and the sex was consensual.
Mr Bangu had arrived in Ireland in 1998 and was granted asylum in 2000. He was arrested in Zambia in 2003 but absconded after getting bail in July 2004. He returned to Ireland and was arrested in April 2005.
