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Wrangle flares up in Dar court between accused...
2007-07-26 09:57:54
By Rosemary Mirondo
The complaints over delays in court proceedings and decisions yesterday precipitated a heated wrangle between the accused persons and the prosecutor in a Dar es Salaam court, prompting the latter to threaten boycotting court proceedings.
However, police timely intervened and immediately brought the seemingly volatile situation under control, paving way for normalcy.
The accused persons in Kisutu Resident Magistrate’s Court before Resident Magistrate Khadija Msongo had lodged complaints that the prosecution was delaying investigations on a murder case involving them for no good cause.
The prosecution told the court that investigations on the case were still under way, to which response the dissatisfied accused shot back with a series of questions, which culminated in a heated wrangle.
A hot debate then transpired between Inspector of Police Hudson Ndusyepo and the accused.
Inspector: Investigations are not yet complete. The records are being typed for the file to be taken to the DPP\'s office for further direction.
But we have just been informed that one of the accused recently arrested at Mwanga for allegations of armed robbery, has also been identified as part of the present deal and is incriminated in this case too. We therefore ask for more time to look into the matter.
(The prosecution response provokes all accused persons, rendering almost all of them to raise hands to hit back; one accused Nuru Joseph (28) breaks silence.)
Nuru: I fail to understand what the prosecutor is trying to tell the court because he has failed to tell the court as to how an accused in Mwanga can be connected to an offence alleged to have been committed in Dar es Salaam.
Moreover, conventional wisdom points to the fact that we have been in remand for one year and six months while the Mwanga offence is alleged to have taken place only recently.
We bank our trust in you because we believe the court is the only custodian of justice.
(Another accused Hussein Abdallah raises his hand and court allows him.)
Hussein: we know we don`t have any big person in the government who can help influence our case as is done by other accused persons. We therefore bank our trust solely on you to ensure that justice is done.
All we want is justice to be done. For, it is now almost two months since we first appeared before you. Every time we appear we are told the file is on transit to the DPP`s office, this or that.
Now the prosecution has come up with another scapegoat, a new delaying tactic that seeks to join the Mwanga accused to the present case.
Inspector: It is not true that we are delaying the case but we have been notified that the accused in Mwanga has been identified and incriminated in the present case. We ask the honourable court to bear with us so that justice can be done.
(Another accused Halifa Rashid takes his turn.)
Halifa: We don`t have confidence in the prosecutor and humbly ask the honourable court to order the prosecution to take us back to the police custody, pending completion of investigations.
Magistrate: After hearing both sides I need say that I have no jurisdiction over the matter as this court is only empowered to conduct committal proceedings after which the case would be committed to the High Court for eventual trial and determination.
You can therefore direct your complaints to the DPP or the Attorney General as the proper channel. I therefore adjourn the case to August 7, this year.
(The accused remain for a while at the accused dock, with intent not to leave but are finally forced out by the police).
The accused in the present case are Halifa Rashid (27), Nuru Joseph (28), Juma Kiduo (22), Juma Kondo (31), Kassim Ramadhani (28), Omari Shabani (20), Ramadhani Majaliwa (22) and Hussein Mloka (24).
Others are Philipo Mpolea (31), Rashid Eliakim (26), John Mndasha (32), Martin Mndasha (24), Jackson Moshi (32), Erick Mfinanga (33) and Lucas Aloyce (27).
They are alleged to have murdered Rajabu Malumbo on January 14, last year at Mkuguni Street in the city.
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