THE 10-year-old boy involved in a fatal shooting incident in Sabeto last month has been charged with manslaughter by the Director of Public Prosecutions office.
The boy's 37-year-old uncle has also been charged with manslaughter arising from a breach of duty or negligence. The incident led to the death of a six-year-old boy. Also injured was a 14-year-old boy.
DPP Christopher Pryde said in a statement the decision to charge the 10-year-old was not an easy one.
"This is a tragic set of circumstances, however, we must remember that a six-year-old boy has lost his life.
"The courts ultimately will decide guilt or innocence but at present, there is sufficient evidence to justify laying charges against both the man and the boy. The 10-year-old will be tried as a juvenile," he said.
According to the DPPs office, State lawyers did not object to a bail application submitted by the boy's lawyer and a name suppression order has been ordered by the court.
The department of Social Welfare has been assisting in the case which has been adjourned to February 25.
Under the Crimes Decree 2009, children under 10 years cannot be held criminally responsible for their actions. However, children between the ages of 10 and 14 are criminally responsible for an offence if the State can prove that the child knows that his conduct is wrong.