19840608 TZHC Mbeya

1 Ii' TELl' i-11Gt CCI31T 0P TLZLdTIA '-rt--r'- .L_ '.__JT T'rTTni(1fT - — (Toyn rIs;rir) -- - -- CRI:t.::NAL SE3IGpE: cts: p0. rptr7 yr -r - - JL.UJ.L LJ$_'i.J._ .1 vorsus 2. RicTL:. :•. JJd!AGO CHA RGE: Murder c/s 196 of the 1 1 bode. JU.Ddi ti'IT Fred Ernest was jointly charrod with 2 others with the nurder of Anna Kayano c/s 196 of the Penal Code. After the close cf the prosecution -• ease it transpired that the prosocution had no -b adduced any evidence to connect the 2nd and the 3rd accused crsoro. They were accordinoly acquitted under s. 278 i) of tho Crininal Procedure Code. Thic judsent is in rcsuec -L of Prod irncib niouc. There is no doubt in this case that L:roo anc. is doad and ±ha± riho died a violont death. Her body was iickod uu at the Airport area in the uornino of the- 5/9/78 and sent to the Goroi-mucnt Eosi 4u.l where i - b was subsequently identified by liar oun fa -bliar An:nnd. :iie tayanre (PW4) and her sister Esnat Ka1anpe (TTJ5). The .od:Lcal Officer who carried out a Post horton e:inatio notod that the dccoci sd iistin? the fo1lowin injuriosi S A cut wouuid t1:ràh thn pericardial sac 1 Ca A wound on the right 7th iatcnoo±al s ric 2 ce. c1ii-kin and conriunicatin with the fcdonir1 oavltyE A stab wound 1.5 on x 1 cu, x'3 cn deep holow the lower jaw. A stab wound Lt. u,cr 'oroast 2 en. x 1.5 eu. x 4 cc. deea. A stab wound 1.5 Cu. x2 cu. x 3 cc. halow IPn :id clavicle. A cut wound 2 on x 2 on x 1 C.:. dounin front di the ripht elbow sedially. A slantjou cut wound 2 on. xl on, x 7 on. duep towards Rt lateral cico sf the elbow, Cauje of death was shock duo to jnarnal and- ontaranl loss of blood. Th e whole case hi:ipod on the dncc of Phi11: Jcnpc (PW1). This witness dcno:oci that on the 4/9/70 at about 6.00 n,u, ho had 5one to the - . 0 •f/ $ 2 -. hone of the deceased whore he found her and her sister isnat. Whilo he was there etan&ir' outside the IiQtWO the let and 2nd accused cane there. and inquired about the deceased, According to Hsnat Ka5aflge ethe deceased who had seen the two accusod approach from a distance had ins trtod. her to say that she wad at SonLim while she was hiding in the house. The let and 2nd accused after oeting Esnat and Philipo. Jongo and after being told -that Anna was at oniO decidod to leavo They wore escorted by Esna -t who was the girl friend of the 2nd accused. Anna was apparently a girl friend of Philipo Jcngo and the lot accused. Philipo Jengo then invited Esnt and the deceased for a drink at the lrseya Guost House. Esnat and the deceased wcn-t to the Guest House to drink beer. At about 8.30 p.u. Philipo Jongo states that with the consent of Honest he loft with the deceased walking to his hone which is near the Airport area. While they were crossing the Airport area he states that they were aethushed by a gang of 4 persons. Ho was otabbod twico on his otoriach and fell down unconscious while the c1oeus3e01, was lead away crying. Philip Jongo in his oxaisination is chi.i' said that one of the assailants held a torch which he i:rLr.1itwc:Ttly lit up t(, the chico: and that the night w u h rwi c coP • Thc iG i etc ted thi t ' w ti face of the 1st accused. Ho also stated tha his identified the lot acsed at a Police Idc:atificati3n ParaJe. lIken I cross eenu.inod the - witness he told no in no u c -L ..- s L o was iot piite -whethcr he aw t'n. let ccr J. Dot. t, Jo (1,12) w is ccc' od Identification co Padc a L sve iesmrg offico, ee'cC that the Parade was not f u1 c , 'c. cthd Philij JenL:c, io e opportunity of sec a - tI 1 t CCC1 u i fo tlio rr do as I LI 21e let accuscd cn J corcL on ti ni c r enc ha cpi art ws j'rcorcisd on the Idontificatao co, o for'. .a cc diero V o o at coy' i o was present at tThc CC ic of so it is C'VlLl 10 cc e do or falls on the evidence of Phili Uo'go, Jt o fcl, r 1 hi c the lady and gentle ion a essoc T of 'e vs w thi' Philip J go having said t '-t 'r was I cortaa u r J- t accusud oz of t 'a acoaalla -i-bs on Pi -c fo ho CL re n iO cvathoco 1uit t-I cve t ( charge of ruider LI 1 CO 'Ic a Enat Yajano in IC21 0171C. c. 'Li - I e -s orvss the lot and 2ncL aocucoa :1cc sear.. :te lot acaizscd tolling nor thct she and the doccascid 'rose invited s c olebhatioi-ce t io lone t11c) next day but warred that if h10 oca ±Ie , at. ,,- 'vu T'alJP dhei 4' - 3 she was cross oxanined by hr. loiejoba s to what she had stated to the Police it transpired that she had tol3 the Police that both lot and 2nd accused had uttered those threats. But when she was told thut both could not have uttered the words as if they had reoarscd before hand, she then said that it was the lot a.cuced aloio who eaid those worio, thus oxonerc.tin her boy friend the 2:-id accused. But the first accused 1ac told this court that when he was told that Anna was at So:.re he believed it because he knew that c3he used to stay there sonetiuco with her nohor and that on the naterial d.y he dd not suspect she was iii the house. There is no evidence to show whether the 1st acoused. knew Philipo Jengo before and where he ijied and for what purpose he ias there on that day. Ththormcro -there is no evidence to - show wbther the 1st and. 2nd aoouood saw Philipo Jeno CO to the Guest House and the tine he was wall.:ina hone, Since Esnat appos to have chanGed her words since ncI:in( 1cr teuent to the Police it is risky to believe her on the question of the accused i:avnC threatened to stab any nen seen with her and the deceased. There was evidence that the deceased iiad,begotton a child whose father retialiac unknown So beoides. PhilipJenGo and the Let acc:ed tlnre nay-- have beei othor non who Liy have nvosted 1eoviJ,y o: .hir and tieroL'oo aGeved to s:any one reap. whero he had not qown. B: -ht as it y thet proseci tiii asai1od. to prcvc- t h e, thare aains± ±ha. LYc ac,cuoed :ad therefore, he ic acquittoc1.. L.JBO I-'lTA - AT iWEYA - 8/6/84 LJRC/ATM'liva, S -