Rutashubanyuma
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Payback time: the bongoland way!
Why Magufuli administration misses the point on Government splurge
Why Magufuli administration misses the point on Government splurge
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Rutashubanyuma
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Mmmmmmhhhhh!
Rutashubanyuma
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Rutashubanyuma
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Pyrrhic victory in just concluded by elections
Rutashubanyuma
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Voter low turnout, electoral gratuitous violence unleashed upon the opposition and NEC catnip of bias confirm beyond reasonable doubt CCM stay in power is a mockery of our constitutional democracy
Rutashubanyuma
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Who is an inciter?
Rutashubanyuma
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Who is a whistleblower?
Rutashubanyuma
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Can a whistleblower double as an inciter?
Rutashubanyuma
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Can public institution be a sole owner of public property?
Rutashubanyuma
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Which law extinguishes rights of a tax payer from ownership of public property?
Rutashubanyuma
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Do you discern where am driving to?
Rutashubanyuma
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Can the blind lead the blind?
Rutashubanyuma
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Will they not fall unto a ditch?
Rutashubanyuma
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Sometimes justice comes from an unexpected corner. May I take this opportunity to congratulate His Excellence JPM for granting justice to the duet because the judicial system failed them by not hearing them!
A highlight of grievances gone unaddressed by the highest court of the land are as follows:-
1). Babu Seya's defence was he was an eunuch incapable of raping those gals and the Appeals Court ineptly dismissed it for a failure to discharge the burden of proof by the accused. A serious court just like in a defence of insanity ought to have ordered medical certification of such an allegation when lifetime loss of personal liberty is at stake.
2). The gist of the conviction lies solely on allegations of the victims which was contradictory in many aspects. For instance an allegation of group sex was ridiculed by one gal who contracted "gono". Such a highly infectious venereal disease ought to have affected all participants in such inexplicable sexual orgies, if they really happened, at all. The accused were never to have been proven to have infected their accusers. They didn't and that speak volumes about our judicial system which had failed even to discern this conspicuous fact of the case. No court that dealt with this highly inflammable criminal case was capable to raise to such a monumental occasion! That gal contracted gonorrhea from other men but for obvious reasons not from the accused.
3) Far more damaging, however, was lower court's finding upheld by all superior courts that the acquittal of some of the accused was lawful! If it was group sex and the acquitted who were fingered out by the accused to have participated in raping them only judicial madness will inspire our highest court in land to confirm the convictions of Baba na mwana to be proper and lawful!
4) The acquittal of a teacher who was alleged to have played the abominable roles of liaison introducing the accused to their accusers more than anything else ought to have led to the acquittal of the duo for a simple reason the evidence implicating them to the accused had no legal legs to stand upon
Once the accused teacher and other accused were acquitted for wrongful indictments then there was no path justifiable to convict the accused Baba na mwana.
5) The courts dismissal of primary evidence from medical examination of the accusers' genitalia was shocking, regrettable and appalling.
Once, a medical doctor had certified that the hymens of the accused together with their anal sphincter muscles were "intact" then the criminal allegations of rape and sodomy ought to have been dismissed forthwith.
The court's slaloming against factual evidence was to say the least preposterous and a travesty of justice.
Having said that, the Appeal Court recklessly dismissed such medical evaluation report as "inconclusive" citing no reason why such a risible finding was worthy the ink it was written.
Once the gals were medically found vestal and virgins then how did the Appeals court contradict such an evaluation without the advantage of alternative medical evaluation defies logic and commonsense.
The Appeals Court had no justification to disregard such pivotal evidence before it. If it suspected the evidence was fraudulent the Court ought to have said so citing compelling reasons for such a finding! None was forthcoming, though!
Clemency is a first step to full restitution of the rights of the now freemen. Pursuing their criminal acquittal not addressed by this amnesty is a second step. Final step once the African Human Rights Court has done them justice opening a civil suit against the police for malicious prosecution and conviction could bring a final closure to the detestable saga.
.
A highlight of grievances gone unaddressed by the highest court of the land are as follows:-
1). Babu Seya's defence was he was an eunuch incapable of raping those gals and the Appeals Court ineptly dismissed it for a failure to discharge the burden of proof by the accused. A serious court just like in a defence of insanity ought to have ordered medical certification of such an allegation when lifetime loss of personal liberty is at stake.
2). The gist of the conviction lies solely on allegations of the victims which was contradictory in many aspects. For instance an allegation of group sex was ridiculed by one gal who contracted "gono". Such a highly infectious venereal disease ought to have affected all participants in such inexplicable sexual orgies, if they really happened, at all. The accused were never to have been proven to have infected their accusers. They didn't and that speak volumes about our judicial system which had failed even to discern this conspicuous fact of the case. No court that dealt with this highly inflammable criminal case was capable to raise to such a monumental occasion! That gal contracted gonorrhea from other men but for obvious reasons not from the accused.
3) Far more damaging, however, was lower court's finding upheld by all superior courts that the acquittal of some of the accused was lawful! If it was group sex and the acquitted who were fingered out by the accused to have participated in raping them only judicial madness will inspire our highest court in land to confirm the convictions of Baba na mwana to be proper and lawful!
4) The acquittal of a teacher who was alleged to have played the abominable roles of liaison introducing the accused to their accusers more than anything else ought to have led to the acquittal of the duo for a simple reason the evidence implicating them to the accused had no legal legs to stand upon
Once the accused teacher and other accused were acquitted for wrongful indictments then there was no path justifiable to convict the accused Baba na mwana.
5) The courts dismissal of primary evidence from medical examination of the accusers' genitalia was shocking, regrettable and appalling.
Once, a medical doctor had certified that the hymens of the accused together with their anal sphincter muscles were "intact" then the criminal allegations of rape and sodomy ought to have been dismissed forthwith.
The court's slaloming against factual evidence was to say the least preposterous and a travesty of justice.
Having said that, the Appeal Court recklessly dismissed such medical evaluation report as "inconclusive" citing no reason why such a risible finding was worthy the ink it was written.
Once the gals were medically found vestal and virgins then how did the Appeals court contradict such an evaluation without the advantage of alternative medical evaluation defies logic and commonsense.
The Appeals Court had no justification to disregard such pivotal evidence before it. If it suspected the evidence was fraudulent the Court ought to have said so citing compelling reasons for such a finding! None was forthcoming, though!
Clemency is a first step to full restitution of the rights of the now freemen. Pursuing their criminal acquittal not addressed by this amnesty is a second step. Final step once the African Human Rights Court has done them justice opening a civil suit against the police for malicious prosecution and conviction could bring a final closure to the detestable saga.
.
Rutashubanyuma
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When the courts casually dismissed primary evidence of medical examination reports as "inconclusive" tarnished the whole case:-
Massanda OMtima Massanda
JF-Expert Member
- Jun 27, 2017
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This is a drama because:
- It is strange that the medical examination was not taken into account!
- it is strange for this guy to have sex with all these girls at a go?
- A six year girl to be fucked back and forth and manages to take it easy?
nyani kipera
Member
- Nov 29, 2015
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God knows whether the convicts were guilty or innocent. The uncertainty and inconclusive circumstances sirrounding the judiciary process of this case, denies us the knowledge of the truth. However, 13 years inside for an innocent man is an injustice that cannot be explained by any element of vocabulary. Had they been guilty 13 years behind bars can be a defining moment of remorse and regret. Let us forget the past and concentrate to the future, as this debate is not likely to lead to any agreements.
Massanda OMtima Massanda
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- Jun 27, 2017
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Sure!
Rajab_Omar
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- May 15, 2016
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Try do defend rappists anal sex lovers! But I don't think If your sister is among the Victims you would came here and wrote such nonsense! Ridiculous......
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