Mzee Mwanakijiji
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.... Si wanafanya kile walichosomea na wenye utaalam nacho?Kwa kifupi ni kazi yao,ni sawasawa wangekuwa ni madaktari,haina maana wasingemfanyia upasuaji muuaji ambaye asipofanyiwa huo upasuaji atakufa.Maana ile ni kazi yao,na hai-specify wamfanyie nani wamuache nani.
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Ditopile lawyers protest delays
FAUSTINE KAPAMA
Daily News; Wednesday,January 03, 2007 @00:07
FORMER Tabora RC Ditopile Mzuzuri (sporting a white cap) is escorted out of the courtroom at Kisutu Resident Magistrates Court in Dar es Salaam yesterday. In the picture on the right are Mzuzuris defence lawyers, Prof Jwani Mwaikyusa and Dr Ringo Tenga (left to right, respectively) exchange views moments after postponement of their clients case. (Photo by Bernard Rwebangira)
THE defence in the murder case against former Tabora Regional Commissioner Ukiwaona Ditopile Mzuzuri (58) has given the state two weeks to complete investigations, failure of which they will take the matter to the High Court.
Dr Ringo Tenga, lead counsel in the defence team, protested that the state was infringing on the rights of the accused by unnecessarily delaying the investigations.
"We want the investigations to be completed so that we can apply bail. We will move the court to refer the case to the High Court if by next mention on January 15, the investigations will not be completed," he submitted.
However, the law does not allow people accused of murder to be released on bail. But Dr Tenga responded that it was up to the High Court to rule on the matter.
Dr Tenga said the accused was arrested over two months ago in connection with the alleged murder of a driver of a commuter bus, Hassan Mbonde (33), but no progress has so far been recorded in regard to investigation.
"What the prosecution is telling us here is pure administrative matters. In actual sense, there is no any progress. For that matter, our client will continue to languish in remand custody. We expected the file should have been taken to the DPP Director of Public Prosecution)," he said.
Dr Tenga was reacting to a submission by Assistant Commissioner of Police (ACP) Charles Kenyella, who had told the court that the file was with the Zonal Crime Officer (ZCO).
ACP Kenyella said the file would later be taken to the Director of Criminal Investigations (DCI) for further action. "If the DCI would be satisfied by the evidence he would refer the case file to the DPP for decision or opinion," he told the court.
ACP Kenyella submitted that it was too early for the defence to accuse the prosecution of infringement on the rights of the former RC. He said taking into account the nature of the charges, investigations could take up to six months.
The magistrate, however, said he was not impressed by the submission by the prosecution, saying investigation of a case should be conducted on its own merit instead of blanket generalisation that murder cases took long to be disposed of.
"You are required to speed up the investigations. By next mention you should come here with proper explanation on the progress of the case," the magistrate said and adjourned the case for another mention on January 15.
In the case, the prosecution claims that Ditopile killed the driver of a commuter bus on November 4, at the junction of New and Old Bagamoyo roads in Kinondoni District by shooting him with a pistol.
Dr Tenga was reacting to a submission by Assistant Commissioner of Police (ACP) Charles Kenyella, who had told the court that the file was with the Zonal Crime Officer (ZCO).
ACP Kenyella said the file would later be taken to the Director of Criminal Investigations (DCI) for further action. "If the DCI would be satisfied by the evidence he would refer the case file to the DPP for decision or opinion," he told the court.
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Ditopile inquiry ready for hearing
FAUSTINE KAPAMA
Daily News; Tuesday,January 16, 2007 @00:06
THE investigations into a murder case against former Tabora Regional Commissioner (RC) Ukiwaona Ditopile Mzuzuri (58) have reached a final stage, the prosecution told the Kisutu Resident Magistrate's Court in Dar es Salaam yesterday.
Assistant Commissioner of Police (ACP) Charles Kenyella told Senior Resident Magistrate Sivangilwa Mwangesi that the police case file has been referred to the Director of Criminal Investigations (DCI) for final perusal.
"The file will be sent to the Director of Public Prosecutions (DPP) for other legal opinions or directions. We, therefore, pray for another mention date," Mr Kenyella further informed the court.
However, Prof. Jwani Mwaikusa, who is defending Ditopile together with advocate Cuthbert Tenga, expressed their disappointments on the prosecutions' submissions.
"What the prosecutions have told us here reflect no any new development as the file is still in police hands. We expected to be told that the file has been moved to the DPP," he said.
Prof. Mwaikusa, insisted their earlier request that the prosecution should expedite their investigations and ensure that the file reaches the DPP the soonest possible.
ACP Kenyella, however, informed the court that they were handling the case professionally and they could in no way jump to send the file to the DPP before being scrutinized first by the DCI.
The magistrate adjourned the case for another mention on January 29. In the last court session, the defence counsel gave the prosecution two weeks to complete the investigations, failure of which they would take the case into the High Court.
They protested that the state was infringing on their client's constitutional rights by unnecessarily delaying the investigations into the case despite of being held in connection with the murder since November last year.
In the case, the prosecution claims that Ditopile killed a driver of a commuter bus, Hassan Mbonde (33), on November 4, last year, at the junction of New and Old Bagamoyo Roads in Kinondoni District by shooting him with a pistol.
M/kijiji,
Wanahaki ya kumtetea mteja wao lakini mpaka hapo hakuna kilichokiukwa. Sababu wanayotoa eti wanataka kwenda kuomba dhamana mahakama kuu, wakati sheria iko wazi kosa la mauuaji halidhaminiki. Huu ni ujanja tu ili kesi isikilizwe mapema kifanyike cha kufanyika. Ni watu wangapi wana kesi za mauaji na wamekaa mahabusu wengine zaidi ya miaka mitano na hatusikia hawa mawakili ambao ni court officials wakisemea ucheleweshaji wa upelelezi?