19770608 TZHC Mwanza 2

.1 4T- IN THE HIGH 01Jk1T OF TNZNI PPLLT..J J IM iIGH CCUT O1TuII u P.i L NO &2 OF 1977 CF(CR.aFPNO.32'& 449/76) ........' '.. . ... .- MiSC.O.C:-XY.7/77 (Oriina1 Crithinal Case' No. 112 of 1976 'the Dis'trict'Court of Gita District at Goita - Lfrre M. G. Fjkciri, isq., DistractMaistrte) HUSSEIN SAYSON LMBO ) T}E REPUBLIC..'. .' '. ' . . . . . o .'o. 0 a' a o • a .' . .-.. '. • . .'...-...'. ,LSPONJ.)iNT CIILkG: 'COrrh rm$cticns with 'ont c/s"3(1) of th'Prëventionof Coiuption ct No. 4 of 19716 ,0 5, ,. ''• JuD1T: '5 : ' S LUGtK1NCII ' J;.. '. . .•. a: . , .. .- 'he'appe1±ants, Hussein Ma kub'ind. ..msOn IP l6mbd of orrtipt s'cioh nd sentencedtr 5.c r s impr oiiet êach This was ".ohwith ne'K31 I allo 'in"Cmit'i'eal ''3'92/6'o' Thectàreha also i'1d.cLt1 'fdur'th •ôbusJ.'Juma -Iddi, who was acquitted at the trial 'It hid. b h'11éed that ôn 19376'ther corruptly obtained Shs. 196/ from Lyulu vi1lgers in Geita District as an irxd.ucerpent not to t"ke criminal iro 'o'ins aainot the said villagers. lidssein'ws a' T-anã - Chrman' Smson'th": "Ke1atul"s a ?anu COmmittee Member and Jum as am cnger. There had been a witch - hunt i'h v1ol5h5 at the iie fbllowing the death of a child of rastc Nyanie (.J7),, it was said that the'ieath was unusual and witchcraft was suspect-aLa Three e'lie'rly women were singled out as te culprits. The were severe1' asu1tei and banished from the vi1lage "One of tIase, Lüni akaji (i..'il), wont to complain to Samson the Ward Secrétrr O'21'and 23.2.76 Samson c.r)nvened meetings at the village at which eleven assailants were pointed ut. He locked them up. !t,this juncture thetories Cs'moa divergent cJ.racter. / It seems that one of tha assii'ns so locked up was Char1s Mashiku PW6) haries aiieea t the trii th' tncy were later reieasea on payment of various amounts of money. Thcn on 10.3.76 he received a letter from the ward Secretary (Samson) requiring him and his collaus to meet thi Ward Secretary the 'following day. He alleged that Juma who delivered the letter verbally informed him that the ard Secretary would require another Shs. 500/= so that the entire vi.lia,.',e may not be moved to another locality The assailants did, not meet Secretary on the following day as required but Charles went about crllacting the money. ihile doing so he alerted the police. By 1 9.3.76 h, haii collected Shs. 196/ whose particulars the police noted That evening. Charlas and D/Cpl william (Fl) and B/C ingeline (P45), the lattor two being disguised, went to give the money to Samson. They found him at -, pombe shop. It was said that Samson refused to take the money tellin; Charles it was very late and advising him to come to the office the following dy. Charles insisted. Samson then advised Charles to give the money to !iussein, saying he was himself drunk, and directed that Kalatula and Juma be present as qell# Charles went to summon Hussein, Kalatula and Juma who also happened to, be drinking at the pombe shopb He took them behind the ornho shop and Samson followed after- wards.sChar1es handed the moaey to Lassein - who had also received instructions to accept the same - the two pclice officers identified the selves and arrested. Hussein and K.alatui. It was alleged that Samson and Jurna ran away but Samson later returne. and was also arreste&. IU •.•• • • . . • • • / 2. -2- J.uria'sstory was slightly but ai'nificently different. He said that the complainant Luni 1iakaji was in :f:t Charles's mother. .[t the meeting convened by Samson she had meded to be compensated for the assault:committed on her -and t: her property. She was prevailed, upon to.accept Shs. 5001=. Ciirl, who seems to have been the brain behind the criminal' bperation, w lu to find the money. It was part of:'th r.t1phe sought to to Farnson on the evening. of 19.3.76. He was in fact' 'rebtiked 'by' SLoh ftr'nok . turning up on. 11 3.7 6 as demanded in his letter and for cJmin sL late nd at a pmbeskiop Even in her o.zn evidence Luni Makaji rna3 reforenc'e to Shs. 50/ but she a.ened a5n1y knpwl_dge of its pur 1'oso. I em nt surprised for she was called by the defence. ''' •"' ' The evidence, clearly points to Cia rles as a shrewd contriver. The alleged corrupt tr'nsaction as his br"in child. I am surprised that the trial magistrate construed the positin differentlo I accept th evidence that Charles was required to, c.umpensate his mother for organising the tercor that led to her assault ... anti-urni1iation. If the money were intended for a bribe Samson would not hve told Charles to take it to the office the following day nor, in thn end, wbld he have allowed it to be given to Hussein on his behalf in the presence of witnesses. :I.saw Samson at the hearing of these .pj,;els and he did not strike me as beirg that uninte1lert. is for uoin he Was only summoned and 4irected.to receive the money. It does tiot ppear that he hd any idea that it was a bribe - which in fact it t' la't. In these ciráumstances I cainot aøept the appellants' coñvicvlOns. I. therefore allow the to a)po1 'na qush the convictions f Samson 'alembo end. Iusein 1kubi. The oc'tences imposed on thC are also set aside . 'They should be fbr'thwit'h ieleased froth' cstodytnales further lawfully held. It would b "oci idea if Chaxles's criminal. propensities were., pursued. . . . "I K. S. K. LUGiK'1N1i. ITH JUNE L 1977. ' ': " JUDGE. .. . S... :. ... t . .. :. .,, ..