In its indictment, the Prosecution has asked the Court to declare the accused's appeal inadmissible, for being tardy, having been raised beyond the established deadline. The Court shall disregard the request of the Prosecution due to the reasons above mentioned concerning the admissibility of the accused's appeal. Examining the merits of the latter's appeal, the Court finds that the work of the 1 st Judge is sufficiently motivated in the legal and material facts, eliminating any doubt about the accused's guilt, and confirms this decision and thus the latter's appeal is unfounded. It states in fact that not only does the appeal not contest the verbal proceedings of the preparatory investigation that established the underage status of the victim, but that it is without producing or offering any evidence of a document that indicates that she is legal of age that the accused refutes her underage status. It is thus in its right that the Court shall confirm the work of the 1 st Judge. Finally, the accused shall be sentenced to pay the fees of the proceedings at a reduced rate, given that his sentence holds. THEREFORE The Appeals Court, judiciary section; Adjudicating after the public hearing, without the accused's presence: having heard the Prosecution in its requests; Receives the appeal of the accused MURHULA BISIMWA and declares it unfounded; Confirms the previous Judgement in all its dispositions; Sentences the accused to paying the fees of the proceedings at a reduced rate, within the legal deadline, or face 10 days of detention. Thus registered and pronounced by the Appeals Court of Bukavu in its public hearing of the 7th (redacted) January 2010, in which were seated the Magistrates LAZARE BANI BE WAFOLE, President of the Chamber, Nathanaêl MWENDAMBALI NGARA and Vicky TSHIBOLA KABALA, Advisors, with the presence of Robert NGWAPITSHI MUKEMO, Prosecutor and the assistance of SAFARI CHIHICA, the Court's Clerk. The Clerk The Advisors The President of the Chamber

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