Ataenda vipi jela wakati ushahidi umeshindwa kukidhi vigezo vya ushahidi usiotia chembe ya shaka? Comfession na admission siyo conclusive evidence kwamba mtuhumiwa aliua na aliua maliciously.Nadhani wakipatikana watu wa kukata rufaa na kuisimamia hiyo kesi huyu Jamaa anaenda jela maisha.
Hizo ni admission na comfession zinahitaji ushahidi wa Jamuhuri ili kumpata mtuhiwa na hatia.Muuwaji anakiri alafu Hakimu anasema hakuna ushahidi wa kutoshaa...!! Aibuuuu
Mzigo unalalia kwa Jamuhuri kuthibisha kwa ushahidi usiotia shaka .Watu humu wanaogea kwa kutumia hisia tu utadhan mahakama ni kibanda umiza.Mambo ya sheria hayaenda hivyo kama unavyodhani.
Mahakama ya rufaa ni procedural court. And actually mahakama zote ni procedural courts.
Ndio maana inaitwa mahakama ya sheria. (court of LAW).
Hakuna kutia tia huruma wala blah blah za laymen kule....
The court operates upon procedures. Sio mafeelings ya watu.
Hapo ni kuomba marejeo tuuWakate rufaa kwenda wapi wakati ilikuwa mahakama ya Rufaa ??
Daah kumbe inawezekana na mwamba wa magunia mawili ya mkaa kigamboni atakuja kuachiwa huru au kupunguziwa adhabu.Mahakama ya Rufaa imemuachia huru Amani Justine, aliyekiri kumuua mpenzi wake Gaudencia Mabuli kwa kumchoma kisu baada ya kumtuhumu usaliti
Kwa siku tatu Gaudencia aliripotiwa kupotea na mwili wake uliokotwa barabarani, maeneo ya Vianzi Mei 23, 2012, akiwa na majeraha kwenye bega lake la kushoto, kwenye paji la uso na kiganjani
Askari aliyemkamata Justine, alisema kuwa alimkamata akiwa na T-shirt nyeusi iliyokuwa na damu. Aidha shahidi alisema Marehemu alikuwa na mtuhumiwa siku ya mwisho kabla ya kuripotiwa kupotea
Mtuhumiwa aliomba radhi kwa kusema kuwa ni shetani aliyempelekea kufanya hivyo. Jaji wa Mahakama ya rufaa alisema kisheria ushahidi wa aliyetuhumiwa hautoshi kuhitimisha kuwa ana hatia
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The Court of Appeal has acquitted a resident of Mwajasi Village in Mkuranga District, Amani Justine, who had been condemned to death after confessing to killing his lover.
The prosecution’s case that Mr Justine purportedly killed a woman he was cohabiting with - Gaudencia Leonce Mabuli - was entirely built on his confession that he committed the crime after he allegedly caught her cheating with another man. But, the bench of Justices Shaban Lila, Sivangilwa Mwagesi and Barke Sehel said the prosecution’s case lacked material evidence for the court to believe there was a connection between the alleged confession and the prosecution’s evidence.
The body of the deceased [Gaudencia] was found lying on a roadside in the Vianzi area on 23 May 2012, with deep cut wounds on her left shoulder, forehead and palm, three days after she was reported missing.
Justine cohabited with Gaudencia at Malela area in Mkuranga Township for nearly three years that many people believed they were husband and wife.
In his appeal, the accused argued that the High Court Judge erred in convicting him without considering the defence of provocation and that the prosecution’s evidence was not proved beyond reasonable doubt.
A witness had told the High Court during trial that he saw Mr Justine with the deceased walking towards Vikindu area the day the woman disappeared.
A police officer who appeared in court as a witness on the side of the prosecution told the court he arrested the accused, and that during the arrest the accused was found holding a black T-shirt stained with blood.
When cross-examined during the hearing of the case, the accused asked for forgiveness for causing the death of his partner.
“What transpired on that day was the devil’s work. I pray for forgiveness for having caused the death of the deceased. Yes, I was arrested in the house I used to cohabit with the decease,” he testified.
When the High Court further pressed for explanation, Mr Justine went on: “Yes, the devil pushed me to react because I suspected the deceased was cheating on me. I found the deceased [Gaudencia] with another man in the bush after which I took a knife and stabbed her on the neck and went to Magengeni. When I returned after a while, I found her dead.”
However, this admission was not sufficient evidence for the Court to uphold the death sentence against Mr Justine.
“Even so, the alleged admission of the appellant cannot be taken as a true admission on part of the appellant.
“As correctly submitted by counsels of both parties, legally speaking, the evidence of the accused could not lead to someone’s guilt,” the judge said.
“There is no scintilla of evidence from the prosecution to suggest that the appellant’s evidence carried the prosecution’s case further for the trial court to arrive to the conclusion that there was a true admission by the appellant,” the judge further added. The conviction of the accused was largely based on the elementary principle of law that if an accused person is alleged to have been the last person to be seen with the deceased, in absence of sufficient evidence to explain circumstances leading to the death, he or she will be presumed to be the killer.
“The finding of the trial court was based on the principle which we have stated (times) without numbers that, in a criminal trial, the very best of witnesses is an accused person who confesses to his guilt,” the Judge remarked.
A witness had told the court that the appellant and the deceased used to go to the same church and that Gaudencia was the church’s secretary.
CITIZEN TZ
haya ndio madhara ya kesi kushukua miaka 18. ushahidi lazima upoteeMahakama ya Rufaa imemuachia huru Amani Justine, aliyekiri kumuua mpenzi wake Gaudencia Mabuli kwa kumchoma kisu baada ya kumtuhumu usaliti
Kwa siku tatu Gaudencia aliripotiwa kupotea na mwili wake uliokotwa barabarani, maeneo ya Vianzi Mei 23, 2012, akiwa na majeraha kwenye bega lake la kushoto, kwenye paji la uso na kiganjani
Askari aliyemkamata Justine, alisema kuwa alimkamata akiwa na T-shirt nyeusi iliyokuwa na damu. Aidha shahidi alisema Marehemu alikuwa na mtuhumiwa siku ya mwisho kabla ya kuripotiwa kupotea
Mtuhumiwa aliomba radhi kwa kusema kuwa ni shetani aliyempelekea kufanya hivyo. Jaji wa Mahakama ya rufaa alisema kisheria ushahidi wa aliyetuhumiwa hautoshi kuhitimisha kuwa ana hatia
===
The Court of Appeal has acquitted a resident of Mwajasi Village in Mkuranga District, Amani Justine, who had been condemned to death after confessing to killing his lover.
The prosecution’s case that Mr Justine purportedly killed a woman he was cohabiting with - Gaudencia Leonce Mabuli - was entirely built on his confession that he committed the crime after he allegedly caught her cheating with another man. But, the bench of Justices Shaban Lila, Sivangilwa Mwagesi and Barke Sehel said the prosecution’s case lacked material evidence for the court to believe there was a connection between the alleged confession and the prosecution’s evidence.
The body of the deceased [Gaudencia] was found lying on a roadside in the Vianzi area on 23 May 2012, with deep cut wounds on her left shoulder, forehead and palm, three days after she was reported missing.
Justine cohabited with Gaudencia at Malela area in Mkuranga Township for nearly three years that many people believed they were husband and wife.
In his appeal, the accused argued that the High Court Judge erred in convicting him without considering the defence of provocation and that the prosecution’s evidence was not proved beyond reasonable doubt.
A witness had told the High Court during trial that he saw Mr Justine with the deceased walking towards Vikindu area the day the woman disappeared.
A police officer who appeared in court as a witness on the side of the prosecution told the court he arrested the accused, and that during the arrest the accused was found holding a black T-shirt stained with blood.
When cross-examined during the hearing of the case, the accused asked for forgiveness for causing the death of his partner.
“What transpired on that day was the devil’s work. I pray for forgiveness for having caused the death of the deceased. Yes, I was arrested in the house I used to cohabit with the decease,” he testified.
When the High Court further pressed for explanation, Mr Justine went on: “Yes, the devil pushed me to react because I suspected the deceased was cheating on me. I found the deceased [Gaudencia] with another man in the bush after which I took a knife and stabbed her on the neck and went to Magengeni. When I returned after a while, I found her dead.”
However, this admission was not sufficient evidence for the Court to uphold the death sentence against Mr Justine.
“Even so, the alleged admission of the appellant cannot be taken as a true admission on part of the appellant.
“As correctly submitted by counsels of both parties, legally speaking, the evidence of the accused could not lead to someone’s guilt,” the judge said.
“There is no scintilla of evidence from the prosecution to suggest that the appellant’s evidence carried the prosecution’s case further for the trial court to arrive to the conclusion that there was a true admission by the appellant,” the judge further added. The conviction of the accused was largely based on the elementary principle of law that if an accused person is alleged to have been the last person to be seen with the deceased, in absence of sufficient evidence to explain circumstances leading to the death, he or she will be presumed to be the killer.
“The finding of the trial court was based on the principle which we have stated (times) without numbers that, in a criminal trial, the very best of witnesses is an accused person who confesses to his guilt,” the Judge remarked.
A witness had told the court that the appellant and the deceased used to go to the same church and that Gaudencia was the church’s secretary.
CITIZEN TZ
Sijui sana mambo ya sheria lakini nadhani hii kesi ilikua ishatolewa hukumu. Sasa inawezekana jamaa alikiri enzi hizo kwa sababu ya kipigo then akahukumiwa.Ana mungu maana amekiri kua ameua alafu tena ushahidi hautoshelezi makubwa
Very true mkuuMkuu kuua ni kitu kigumu sanaa unaweza UA mtu ukabaki umesimama pembeni ya maiti hadi ukakutwa hapo...!! Damu nzito sanaa...
Angekua mamaako kauwawa au dadaako usindeandika hayoMambo ya sheria hayaenda hivyo kama unavyodhani.
Mahakama ya rufaa ni procedural court. And actually mahakama zote ni procedural courts.
Ndio maana inaitwa mahakama ya sheria. (court of LAW).
Hakuna kutia tia huruma wala blah blah za laymen kule....
The court operates upon procedures. Sio mafeelings ya watu.
Natamani auwawe maamaako halafu uandike hayaSheria sio soga za mtaani wewe, ..kinyume chake pia ni kua Kama mtuhumiwa angekataa na ushahidi upo usio na Shaka Basi angefungwa....hivo jaji hafuati mawazo binafsi..anafuata sheria na mwenendo wa kesi
Mkuu nilikuwa najiulizaga sana kuwa kuna watu uwa wanafungwa hapa Tanzania kwa kukiri uongo tena muda mwingine kwa hiari tu maana mara kibao nimeona kesi nyingi huko marekani watu wana brag mauaji ambayo hawakuyafanya sasa sijajua uwa tatizo ni nini. Ila uwa wanawakamata na bado wanakiri kufanya mauaji ila baadae wanakuja kuachiwa baada ya upelelezi kuonyesha mashaka katika wanachodai mfano, ushahidi wanaotoa kutofautiana na phyisical evidence, mfano mtu anasema ameua wakati inagundulika siku ya mauaji hakuwepo, au anasema alimchoma kisu wakati ripoti ya daktari inaonyesha silaha iliyotumika ni bisibisi.Sheria gani hapo mkuu??? Hivi ushahidi wa kwanza si Maneno anayokiri mtuhumiwaa mwenyewe au unataka unambie jamaa ana matatizo ya akili???
Angekua mamako kauwawa na MTU na akakiri na akaachiwa usingeropoka kamaunavyoropoka kmmkNanda wewe.
Muuwaji anakiri alafu Hakimu anasema hakuna ushahidi wa kutoshaa...!! Aibuuuu
Mkuu nilikuwa najiulizaga sana kuwa kuna watu uwa wanafungwa hapa Tanzania kwa kukiri uongo tena muda mwingine kwa hiari tu maana mara kibao nimeona kesi nyingi huko marekani watu wana brag mauaji ambayo hawakuyafanya sasa sijajua uwa tatizo ni nini. Ila uwa wanawakamata na bado wanakiri kufanya mauaji ila baadae wanakuja kuachiwa baada ya upelelezi kuonyesha mashaka katika wanachodai mfano, ushahidi wanaotoa kutofautiana na phyisical evidence, mfano mtu anasema ameua wakati inagundulika siku ya mauaji hakuwepo, au anasema alimchoma kisu wakati ripoti ya daktari inaonyesha silaha iliyotumika ni bisibisi.
Na hao majaji waliotoa hukumu iliyokatiwa rufaa nao hawakulitambuwa hilo kama siye tusojuwa sheria?Mzigo unalalia kwa Jamuhuri kuthibisha kwa ushahidi usiotia shaka .Watu humu wanaogea kwa kutumia hisia tu utadhan mahakama ni kibanda umiza.
Pole na kumradhi sikujua ni mama yako kauwawa.Angekua mamako kauwawa na MTU na akakiri na akaachiwa usingeropoka kamaunavyoropoka kmmk
Muuwaji anakiri alafu Hakimu anasema hakuna ushahidi wa kutoshaa...!! Aibuuuu