Rutashubanyuma
JF-Expert Member
- Sep 24, 2010
- 219,468
- 911,184
Babu Seya and his son-Papii Kocha- have been hitting the concrete wall in their futile attempt to pluck themselves out of a legal dragnet they have found themselves ensnared in for reasons which impresses some of us as being an upshot of political machinations more than what the courts say against them!
Sadly, there are two sides to this intriguing coin: Pro-Babu Seya punditry have been pointing accusing fingers to a certain top politician as being behind the duos endless torment. The argument goes like this ..Babu Seya had licked a hot pantie platter belonging to a top politician and what we see is this politicians unfathomable revenge to teach the musical gaffer a lasting lesson: that never again should someone else dare poking his unquenchable lusts to this politicians long list of concubines. Anti-Babu Seya proponents argue that a criminal conviction of famous celebrities of this calibre could only send one strong message to would be sexual offenders that the law remains impartial to the accused social standing in the society! But in specific terms what are the legal issues behind Babu Seyas gnawing anguishes?
HERE IS MY TAKE:-
1) THE COURTS GOT THE DECISIONS ALL WRONG.
a) The credibility of an array of witnesses is an eye opener which the courts for reasons best known to themselves have decided to ignore ..the question has to be are our laws been changed of recently to compel the accused to prove their case and not the prosecution? Are we not a nation where we proudly flaunt constitutional imperative of An accused is innocent till proven otherwise? How then do we reconcile complainers who lied under oath and perjured themselves by claiming there was a hidden door in the accused house which we all know now only existed in the accusers own warped imagination? How comes the courts overlooked the fact that there were claims of group sex yet only one gal had contracted the debilitating gonorrhea? Are we not cognisant of the fact that gonorrhea is such an infectious disease that ought to have infected others in this vortex full of lies?
b) Three accused were let off the hook by the courts which in its own is a red flag raiser. If the exonerated teacher did not play a role of a pimp how did the accusers meet the accused? If the two sons of Babu Seya were wrongfully convicted what does that say about the credibility of the witnesses who had claimed these boys had also descended upon them though not as often as the convicted accused?
c) Babu Seya had claimed a medical condition of impotence and the courts recklessly disregarded this piece of crucial evidence in a manner which confirms the accused were guilty in the eyes of the courts till they prove the otherwise! That was regretful! Had Babu Seya raised a defence of insanity the courts would have ordered a medical evaluation to ascertain that medical condition ..I keep wondering why the accused had to prove anything when the courts unanimously came to the conclusion that it was upto to Babu Seya to produce the medical reports which proved he was impotent and incapable of committing such heinous sexual offences against minors .My nibbling concern has to be why insanity is treated different from impotency and one has to consider that the accused was facing a possibility of life behind bars! Is not impotence not a medical condition of the same magnitude like insanity and then why the unconstitutional discrimination?
d) Some of the parents of the accused claimed they noticed changed behaviour to their daughters but those parents actions after coming to the grips of those facts leaves a lot to be desired in terms of when they contacted the police, and when the PF3 were issued not overlooking when medical reports were prepared. I am of the opinion that delays had washed out most of evidence to convict anybody this is why other countries insist sexual crimes ought to be reported within twenty four hours to ensure the evidence remains intact If parents had inspected their daughters and found out that the minors were dripping vaginal and anal haermorhages was it not filial and civil duty on the part of the parents to report the matter on the same day to the police, seek PF3s, secure medical examinations in time and even squeak to the media if there was a whiff of prosecution fatigue? These efforts were notable for being late and mostly a consolation of second thoughts signalling may be the events did not happen as the courts were told.
e) Nowhere in the conduct of the courts was DNA evidence demanded! In the 21[SUP]st[/SUP] Century one ought to ask himself how anybody can be convicted in sexual crimes in absence of DNA results. Absence of DNA results clearly should have given the accused the benefit of doubt and be set free .The courts ought to demand DNA testing to put to rest possibilities of convicting the wrong guy for whatever motives. Are we not proud of judicial system that permits nine offenders to go free just to protect the rights of one innocent man?
f) Then there was the despicable lack of genital contours mapping. For beginners, where multiple sexual attacks have been claimed, one expects the accusers had some familiarity of the sexual organs of the accused. For example if the accused were circumcised or not. The sizes and any markings of those penises and scrotums of the accused had. Then such information could have been compared with actual photographs of the accused. In this case oral depositions were enough to convict which if not checked then all men one day may end up convicted for sexual crimes they did not commit ..
g) The familiarization tour that looked more like casing of the joint where the accused were staying panned out another area of dispute. The accusers got most facts wrong ..from the number and arrangement of the furniture: the courts claimed without a shed of evidence that the furnitures could have been moved. The colour of wall paintings ..Shockingly, the courts were not swayed!!!!!!!! the disappearance of the hidden door should have been an equivalent of slicing a jugular vein ending the criminal proceeding but that was as good as if not better of wishful thinking.. That the courts had no answer beyond pretending they were not aware of these serious departures from the truth ..reminds us of those Kangaroo courts we erroneously thought we are past them, but not so!
h) Lack of independent corraborative witnesses is telling! How those minors could be repeatedly sexually assaulted in the house of the accused in broad daylights without neighbours being aware is mind boggling, to put it mildy; though! According to the evidence no neighbour had witnessed anything yet these gals were reportedly dodging classrooms in the daytimes where plenty of watchful eyes were everywhere to shed more light to this legal saga. Did the prosecution really proved their case when such weighty questions remained unanswered? Am fiercely opinionated that they did not
2) REFORMS IN OUR JUDICIAL SYSTEM LONG OVERDUE.
While we hold in high esteem our judiciary but too many recent blunders which have become synonymous with the Bench demands serious answers. From getting wrong the Independent candidates decision to overlooking the merits of the Arusha parliamentary electoral dispute in Lema vs. Batilda legal duel, and deciding it on the mischief of irrelevant technicalities ..among other issues of political heavyweights, one ought to begin questioning the credibility of the system of hiring and disciplining magistrates and judges. A crony system in place has eroded all pretence of judicial independence from the executive. Our constitutional re-engineering is at the moment a total mess and only idiocy may give us hope of rectifying such judicial constraints to an autonomous body capable of delivering justice to all and not merely to the might and powerful.
3) IT IS THE JUDICIAL SYSTEM ON THE DOCK NOT BABU SEYA & PAPII KOCHA...........
That should be intoned again and again ..that there is no iota of evidence that Babu Seya & son deserve the kind of treatment they have endured in our judicial system which is too rotten and pro-executive to provide a balanced leadership in disputes where political stakes are written everywhere that the executive would like to see the duo dying behind bars for crimes they might not have committed.
Sadly, there are two sides to this intriguing coin: Pro-Babu Seya punditry have been pointing accusing fingers to a certain top politician as being behind the duos endless torment. The argument goes like this ..Babu Seya had licked a hot pantie platter belonging to a top politician and what we see is this politicians unfathomable revenge to teach the musical gaffer a lasting lesson: that never again should someone else dare poking his unquenchable lusts to this politicians long list of concubines. Anti-Babu Seya proponents argue that a criminal conviction of famous celebrities of this calibre could only send one strong message to would be sexual offenders that the law remains impartial to the accused social standing in the society! But in specific terms what are the legal issues behind Babu Seyas gnawing anguishes?
HERE IS MY TAKE:-
1) THE COURTS GOT THE DECISIONS ALL WRONG.
a) The credibility of an array of witnesses is an eye opener which the courts for reasons best known to themselves have decided to ignore ..the question has to be are our laws been changed of recently to compel the accused to prove their case and not the prosecution? Are we not a nation where we proudly flaunt constitutional imperative of An accused is innocent till proven otherwise? How then do we reconcile complainers who lied under oath and perjured themselves by claiming there was a hidden door in the accused house which we all know now only existed in the accusers own warped imagination? How comes the courts overlooked the fact that there were claims of group sex yet only one gal had contracted the debilitating gonorrhea? Are we not cognisant of the fact that gonorrhea is such an infectious disease that ought to have infected others in this vortex full of lies?
b) Three accused were let off the hook by the courts which in its own is a red flag raiser. If the exonerated teacher did not play a role of a pimp how did the accusers meet the accused? If the two sons of Babu Seya were wrongfully convicted what does that say about the credibility of the witnesses who had claimed these boys had also descended upon them though not as often as the convicted accused?
c) Babu Seya had claimed a medical condition of impotence and the courts recklessly disregarded this piece of crucial evidence in a manner which confirms the accused were guilty in the eyes of the courts till they prove the otherwise! That was regretful! Had Babu Seya raised a defence of insanity the courts would have ordered a medical evaluation to ascertain that medical condition ..I keep wondering why the accused had to prove anything when the courts unanimously came to the conclusion that it was upto to Babu Seya to produce the medical reports which proved he was impotent and incapable of committing such heinous sexual offences against minors .My nibbling concern has to be why insanity is treated different from impotency and one has to consider that the accused was facing a possibility of life behind bars! Is not impotence not a medical condition of the same magnitude like insanity and then why the unconstitutional discrimination?
d) Some of the parents of the accused claimed they noticed changed behaviour to their daughters but those parents actions after coming to the grips of those facts leaves a lot to be desired in terms of when they contacted the police, and when the PF3 were issued not overlooking when medical reports were prepared. I am of the opinion that delays had washed out most of evidence to convict anybody this is why other countries insist sexual crimes ought to be reported within twenty four hours to ensure the evidence remains intact If parents had inspected their daughters and found out that the minors were dripping vaginal and anal haermorhages was it not filial and civil duty on the part of the parents to report the matter on the same day to the police, seek PF3s, secure medical examinations in time and even squeak to the media if there was a whiff of prosecution fatigue? These efforts were notable for being late and mostly a consolation of second thoughts signalling may be the events did not happen as the courts were told.
e) Nowhere in the conduct of the courts was DNA evidence demanded! In the 21[SUP]st[/SUP] Century one ought to ask himself how anybody can be convicted in sexual crimes in absence of DNA results. Absence of DNA results clearly should have given the accused the benefit of doubt and be set free .The courts ought to demand DNA testing to put to rest possibilities of convicting the wrong guy for whatever motives. Are we not proud of judicial system that permits nine offenders to go free just to protect the rights of one innocent man?
f) Then there was the despicable lack of genital contours mapping. For beginners, where multiple sexual attacks have been claimed, one expects the accusers had some familiarity of the sexual organs of the accused. For example if the accused were circumcised or not. The sizes and any markings of those penises and scrotums of the accused had. Then such information could have been compared with actual photographs of the accused. In this case oral depositions were enough to convict which if not checked then all men one day may end up convicted for sexual crimes they did not commit ..
g) The familiarization tour that looked more like casing of the joint where the accused were staying panned out another area of dispute. The accusers got most facts wrong ..from the number and arrangement of the furniture: the courts claimed without a shed of evidence that the furnitures could have been moved. The colour of wall paintings ..Shockingly, the courts were not swayed!!!!!!!! the disappearance of the hidden door should have been an equivalent of slicing a jugular vein ending the criminal proceeding but that was as good as if not better of wishful thinking.. That the courts had no answer beyond pretending they were not aware of these serious departures from the truth ..reminds us of those Kangaroo courts we erroneously thought we are past them, but not so!
h) Lack of independent corraborative witnesses is telling! How those minors could be repeatedly sexually assaulted in the house of the accused in broad daylights without neighbours being aware is mind boggling, to put it mildy; though! According to the evidence no neighbour had witnessed anything yet these gals were reportedly dodging classrooms in the daytimes where plenty of watchful eyes were everywhere to shed more light to this legal saga. Did the prosecution really proved their case when such weighty questions remained unanswered? Am fiercely opinionated that they did not
2) REFORMS IN OUR JUDICIAL SYSTEM LONG OVERDUE.
While we hold in high esteem our judiciary but too many recent blunders which have become synonymous with the Bench demands serious answers. From getting wrong the Independent candidates decision to overlooking the merits of the Arusha parliamentary electoral dispute in Lema vs. Batilda legal duel, and deciding it on the mischief of irrelevant technicalities ..among other issues of political heavyweights, one ought to begin questioning the credibility of the system of hiring and disciplining magistrates and judges. A crony system in place has eroded all pretence of judicial independence from the executive. Our constitutional re-engineering is at the moment a total mess and only idiocy may give us hope of rectifying such judicial constraints to an autonomous body capable of delivering justice to all and not merely to the might and powerful.
3) IT IS THE JUDICIAL SYSTEM ON THE DOCK NOT BABU SEYA & PAPII KOCHA...........
That should be intoned again and again ..that there is no iota of evidence that Babu Seya & son deserve the kind of treatment they have endured in our judicial system which is too rotten and pro-executive to provide a balanced leadership in disputes where political stakes are written everywhere that the executive would like to see the duo dying behind bars for crimes they might not have committed.
