RULING ON CASE TO ANSWER DOGO ZEDY

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM SUB-REGISTRY) AT DAR ES SALAAM CRIMINAL SESSIONS CASE NO. 25 OF 2022 THE REPUBLIC VERSUS 1. ADAM HAMISI@DOGO ZEDY………………………....…….….1ST ACCUSED 2. LEMIDIUS KAIJAGE @BUZA @BONGE …………………..….2ND ACCUSED RULING ON CASE TO ANSWER 26th & 31st July, 2024 MWANGA, J. I have reviewed the testimonies of 12 prosecution witnesses. The question now is whether prosecution has established a prima facie case against both accused person. The principle enunciated in the case of DPP V Peter Kisatala, Criminal Appeal No. 4/2015 (CAT—unreported), was that the court looks at prima facie case evidence for the prosecution that, unless controverted, would be sufficient to establish elements of the offence. More or so, the 1 court could convict the accused by applying law and evidence if no explanation is given or offered by the defence. Given such a Position of law, and after having carefully analysed the evidence of the prosecution, there is no doubt that Idd Ramadhani is dead. PW1, PW2, and post-mortem Reports prove that. However, what is in doubt is who killed the deceased. All prosecutor witnesses give hearsay evidence against the 2nd Accused person and no surrounding circumstances showing how he was involved in the commission of the offence. The chief government chemist report does not link him. It raised questions about how he was arrested and related to the commission of the evidence. He was not seen even at the crime scene by any prosecution witnesses. In addition, even in his caution statement, he stated that the 1st Accused was taking valium drugs and that his 1st Accused stabbed the deceased. He denies stabbing the deceased. On the other hand, the circumstances surrounding the death of the deceased can be answered by the 1st Accused person, who is linked with the chief government chemists' reports, as shown in para 3: 2 of the 2 report. Again, PW9 said during the night of the incident, he saw the 1st Accused hiding beside the fuel tanks and his cloth hand blood stains. Also, an oral confession was made by the 1st accused before the police officer of Mbagala Police Station is crucial issue requiring the 1st accused to clarify on. Again, why and how the offence was committed is seen in the 1st Accused caution statement, who is allegedly confessing that he was the one who stabbed the deceased. Given the above, this court has found that out that the 2nd Accused has no case to answer and, therefore, is acquitted of the charge of murder. On the other hand, the first Accused has a case to answer. Order accordingly. MWANGA J, JUDGE 31/07/2024 COURT; The ruling has been delivered in open court, in the presence of Cathbet Mbilinyi leaned State Attorney for the Republic and Hilda Mushi and Gerson Mosha both advocate for the accused persons respectively and in the presence of the accused persons. 3 MWANGA J JUDGE 31/07/2024 4