



The High Court of Tanzania in Dar es Salaam yesterday witnessed a mixed grill of tears of joy and grief and various other feelings one could think of soon after ten senior and junior police officers were acquitted of murder charges.
One of those pronounced ‘not guilty’ after the grueling trial is former Dar es Salaam Crimes Officer Abdallah Zombe.
Judge Salum Massati set all the officers free on grounds that the prosecution failed to prove the case of murder against them beyond reasonable doubt.
Zombe and the rest of the pack were helped out of the court through the back door and soon after whisked away from the court premises in police Land Rovers amidst deafening jeers from the public.
The use of the back door that is officially reserved for judges was aimed at evading the huge crowds, including scores of media crews, waiting to witness the spectacle.
While being escorted through the door under tight security, an inexplicably enraged Zombe was heard asking the camera crews then busy taking pictures at the scene to keep out of his way “because I am a commander”. In the process, he landed a forceful kick on the leg of one newspaper photographer.
Some relatives of the ten officers set free shed tears of joy and danced in groups after the verdict, as others watched in disbelief.
An uncle to acquitted Ahmed Makelle who identified himself as Mwalimu Mbwana could not hide his emotions as he uncontrollably wailed “Sweet justice, sweet justice”.
“We have travelled as a family all the way from Kilwa Kivinje in Lindi Region, praying for justice to take its course. We could not pre-empt the outcome but if our kin indeed committed the crime, let justice be done,” he said
A relative of Christopher Bageni called Enock Makenge travelled from Rorya in Mara Region, hundreds of kilometres from Dar es Salaam. He found the High Court already packed and decided to join the crowd outside the judgment chamber to follow the all-important proceedings through loud speakers.
On learning of the acquittal of his relative, he rushed to a nearby shop to buy airtime, then called home (Rorya) to deliver the happy tidings.
However, most people interviewed after the judgment expressed disappointment and wondered whether justice had indeed been done and seen to be done.
Peter Nashon, a second year engineering student at the University of Dar es Salaam, noted: “Whom do we turn to know if people find reason to lose confidence in the judiciary, which is supposed to be the pillar and symbol of justice?”
He added: “The precious lives of innocent civilians are lost in the hands of reckless police officers and there is ample evidence to that effect, but the suspects are acquitted just like that apparently for lack of credible evidence - which evidence? Or should we resurrect the dead and take the remains to the court as evidence.”
Advocate Majura Magafu, who took part in the case as a defence counsel, said when reached for comment minutes after the judgment: “The Judge exercised exemplary keenness when evaluating the facts of the case before him, including the evidence submitted in court. He has let justice be done.”
“There was a lot of speculation and hearsay in the streets, mainly championed by the media. This is neither permitted nor tolerated in court of laws,” he noted, adding: “What matters most in law is the quality and amount of credible evidence that is tendered, not mere gossip, name-calling and assumptions.”
Magafu argued that what was lacking among Tanzanians was awareness about how the country’s legal system operates and what one is supposed to do to ensure justice is done.
The High Court was packed from as early as 9am and there was a heavy police presence, with riot police in four Land Rovers stationed a few meters from the court chamber ready for any eventuality.
Traffic at Kivukoni Front was uncharacteristically heavy for the better part of yesterday as people formed groups, predicting the outcome. Most ended up hugely disappointed, but there were no reports of nasty incidents.
Abdul Musa, a resident of Temeke District, said the case was well worth following because the loss of human life was at stake. But he complained that the ruling was in English while the case was conducted in Kiswahili.
The ten stood charged with murdering Mahenge (Morogoro) gemstone dealers Ephraim Chighumbi, Sabinus Chighumbi (Jongo) and Mathias Lung’ombe as well as Dar es Salaam taxi driver Juma Ndugu at Pande Forest in the city’s Mbezi Luis suburb on January 14, 2006.
Many analysts have described the case as the most publicised criminal trial in Tanzania’s history.