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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.