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Actor`s murder case adjourned

23rd October 2012
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Elizabeth Michael, popularly known as Lulu

The Kisutu Resident Magistrate court in Dar es Salaam yesterday adjourned the case facing actress Elizabeth Michael, popularly known as Lulu, who is charged with murder over the death of a domestic film star, Steven Kanumba, until November 5, this year.

Prosecution led by Principal State Attorney Tumaini Kweka informed the court that the investigation into the case is still in progress.

The case was brought back to Kisutu Resident Magistrate's Court before Resident Magistrate Augustina Mmbando last month to proceed with the main suit after an application by Lulu’s counsel Peter Kibatala, who wanted the court to determine the accused person’s actual biological age.

Thereafter the prosecution side also filed an application to the Court of Appeal seeking the court to review proceedings and the ruling by High Court Judge Fauzi Twaibu, who had ordered the two parties to present evidence that would enable him to rule whether Lulu was under-age or not.

Earlier, the Court of Appeal suspended the decision of the High Court of investigating Lulu's age saying that Judge Twaibu erred in making the decision that Lulu’s age be investigated.

Reading the ruling before a panel of three justices, High Court Registrar Zahra Maruma said according to the Court of Appeal ruling,

“If he found any inadequacy he was supposed to bring back the file to the Kisutu Court with instructions and not giving out the decision that the age be investigated.”

The decision was reached after the panel of three Judges heard the arguments submitted by both sides following an application filed by the prosecution side that requested the Court of Appeal to make a legal reference to the decision of the High Court.

In June this year, the High Court accepted an application by a panel of advocates defending the actress and directed that her age be investigated.

Maruma said Judge Twaibu did not have the authority to make such a decision and instead he should have used his reference powers.

The prosecution filed an application to the Court of Appeal seeking the court to review proceedings and the ruling by High Court Judge Twaibu, who had ordered the two parties to present evidence that would enable him to rule whether Lulu was under-age or not.

Judge Twaibu made the ruling after an application by Lulu’s counsel Kibatala, who wanted the court to determine the accused person’s age.

SOURCE: THE GUARDIAN
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