DAR ES SALAAM: Fundikira murderers to hang

BY KARAMA KENYUNKO

The High Court of Tanzania has sentenced to death three soldiers with the Tanzania People's Defence Forces (TPDF) after it found them guilty of the murder of Swetu Fundikira, a relative of former Nyamwezi chief Abdallah Fundikira, three ears ago.

Handing down the court’s judgment, High Court Judge Zainabu Mruke said the court was satisfied with the testimony adduced by the six prosecution witnesses, hence found the accused guilty of murder as charged.

The three convicts are MT 85067 Mohamed Rashid (27) of National Service, Mbweni Camp, MT 1900 Sergeant Roda Robert (42) from the same camp and MT 75854 Corporal Ali Ngumbe (37) from JKT Kunduchi camp. 

Judge Mruke said that during preliminary hearing of the case the accused pleaded not guilty to all the charges.

She said for the court to prove the offence against the accused, the prosecution was required to prove that Swetu was killed killed by the accused. 

Judge Mruke said the fourth witness, who is a doctor, presented his investigation report showing that the late Fundikira died from injuries on his head after been beaten with a heavy object, resulting in severe internal bleeding.

The first witness, a taxi driver identified by one name as Mbuya, claimed to have given a lift to the deceased but after reaching the traffic lights at the junction of Mwinjuma and Kawawa road at Kinondoni they saw the accused's car and one of them (Rhoda) opened the window and insulted the deceased.

Mbuya said Rhoda was heard saying, “These stupid people are here…I want to deal with them, they are following us.”

In his testimony, the second witness, Benedict Kinyaiya, said immediately after he reached the scene he asked Rhoda about the whereabouts of his colleague (Fundikira), but Rhoda rudely responded that it was none of his business and if he wants to know more he should go to Oysterbay police station.

Kinyaiya added that at Oysterbay police station the police told him that they were not aware of the incident.

The judge said though the evidence wasn’t presented by all the six witnesses, circumstantial evidence proved that the three soldiers committed the offence. 

She said that in their defense the accused claimed that the deceased (Fundikira) had undressed himself when attempting to jump from their car.

She  said the accused agreed to have had a fight with the deceased and took him in their car to central police station. 

They also agreed that the deceased was still breathing when the police found him with them but died later at the hospital. 

The judge said that the court did not believe the accused's explanation that they were taking the deceased to the police station in the city centre, saying the three accused most probably undressed the deceased before he jumped from the car.

On mitigation, defence advocate Mluge Karoli request the court to reduce the punishment for the accused saying they were still young and a potential manpower for the country's development.

Rhoda told the court that her mother, who is sick, and her daughters depend solely on her, while Rashid requested the court to reduce the punishment because his parents depend on him.

Judge Mruke said under section 196 of the Criminal Offences Act, the accused should be sentenced to death.

Advocate Karoli said he would appeal the conviction tomorrow.

According to the charge sheet, the accused committed the offence on January 23, 2010 at around 1.30 am along Mwinyijuma road in Kinondoni. It was further alleged that the deceased died after being beaten by the three soldiers.

SOURCE: THE GUARDIAN (21/11/2012): http://www.ippmedia.com/frontend/index.php?l=48232