Dar es Salaam: Lulu awaits bail before trial for manslaughter

BY AISIA RWEYEMAMU

The case against Elizabeth Michael (Lulu) has been registered at the High court with registration number 125/2012.

A High Court case registration official said the case was registered yesterday and the main suit awaits to be assigned a judge.

On the other hand the bail application for Lulu which was submitted to the court is being worked upon by the court after the case was reduced to manslaughter, a few weeks ago.

Lulu was arraigned early this year for what was then a murder charge on the death of local movie star Steven Kanumba at his home on April 7. She was initially charged under Section 196 of the Penal Code, providing a penalty of death by hanging if convicted.

The change of charges was presented in the court after completion of investigation, and Lulu will now be charged under section 195 of the Penal Code. Most suspects found guilty under this section of the law are sentenced to between five and 10 years imprisonment, while the changes also mean Lulu can now be granted bail.

Resident Magistrate Augustina Mmbando said the report of the investigation on the matter was due and the court was supposed to read the new charges but for the absence of the state attorney.

Lulu’s defence team comprises Mr Kibatala, who is also Vice President of the Tanganyika Law Society, Mr Kennedy Fungamtama and Mr Fulgence Masawe of the Legal and Human Rights Centre.

She was taken to court for the first time on April 11and formally charged with killing Mr Kanumba at Sinza Vatican in Dar es Salaam. She was not allowed to enter any plea then because the court does not have the power to hear murder cases.

Earlier, Mr Kibatala filed an application asking the High Court to determine Lulu’s age. He said Lulu was not 18 yet and could not be prosecuted in the court and wanted the case transferred to the juvenile court.

On June 11, Judge Fauz Twaib ordered the defence and prosecution to present evidence to support their arguments.

On June 21, the controversy surrounding Lulu’s age took a new turn after the prosecution produced evidence showing that the accused was an adult. The evidence filed in the High Court includes a video tape of an interview between Lulu and a TV presenter in which Lulu was said to be over 18 years of age. Other exhibits were a statement recorded by the police after her arrest on murder charges along with an application for a passport and a driving licence.

But Lulu’s side subsequently produced a birth certificate issued on July 23, 2004, and a baptism certificate showing her age as 17. The documents are attached to an affidavit sworn by her parents, Lucresia Augustin Kalugila and Michael Edward Kimemeta, who said she was born on April 16, 1995.

SOURCE: THE GUARDIAN (29/12/2012): http://www.ippmedia.com/frontend/index.php?l=49542