The Kisutu Resident Magistrate’s Court yesterday adjourned a murder case facing Elizabeth Michael, better known in the local film industry as Lulu, to June 4, this year, when it comes up for mention.
The prosecution side led by State Attorney Ladslous Komanya said the case yesterday had came for mention and asked the court to set another date for it because the investigation was still in progress.
Resident Magistrate Augustina Mmbando, who presides over the case, adjourned it to June 4, this year.
Last week, the defence side led by Peter Kibatala filed an application at the High Court in Dar es Salaam requesting for the court to order the Kisutu Resident Magistrate’s Court to investigate her age.
Kibatala made the request because he believed the court had the jurisdiction to do so and if the High Court considered the Kisutu Resident Magistrate’s Court could not do so then it should investigate it by itself and if convinced that the accused was a child then it should consider protecting the interests of the child as provided for in section 4(2) of the Law of the Child Act, 2009.
During the last court session, the defence counsel submitted the request to the court wanting their client to be transferred to the juvenile court because she was under 18.
Lulu is charged as a prime offender in the death of famous film actor Steven Kanumba.
One of her lawyers, Kennedy Fungamtama, claimed at the court before Resident Magistrate Augustina Mmbando that their client was 17 years old and not 18 years old as it was announced by the court.
While showing the birth certificate of the accused, Fungamtama claimed that according to the Law of the Child’s Act, 2009, the accused should be charged at the juvenile court.
State Attorney Elizabeth Kaganda claimed to the court that the investigation into the case was incomplete.
She said the case was a murder case and the investigation was still going on and one of the things they were investigating was the age of the accused.
She requested the court to give them more time to finish their investigation so that they could give the accused her right considering that the case was having a public interest.
She also claimed to the court that even the name on the birth certificate read as Diana Elizabeth, while in the court the accused had been mentioned as Elizabeth.
After hearing both arguments Magistrate Mmbando threw them all and wanted the defence counsel if they had any request to present it at the High Court.
According to the charge sheet, the accused committed the offence on April 7 in Sinza area, Kinondoni District, in Dar es Salaam.
The accused, who earlier submitted that she was 17 years old and not 18 as per the charge sheet read, was not allowed to enter any plea because murder cases were normally dealt with by the High Court.