DAR ES SALAAM: Lulu will now be tried for manslaughter

By James Magai, The Citizen Correspondent.

Dar es Salaam. 

The murder charge against film actress Elizabeth Michael has been reduced to manslaughter. The decision announced yesterday by the public prosecutor means Ms Michael, popularly known as Lulu, can only be jailed for a maximum of life even if she were to be found guilty of killing fellow artiste Steven Kanumba.

Lulu was arraigned early this year for allegedly murdering movie star Kanumba at his home on April 7 this year. She was initially charged under 196 Penal Code, which says that a suspect may be hanged if found guilty of an offence.

The change of charges was presented in the court after the completion of the 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.The change also means Lulu can now be granted bail.

The new charge against Lulu was supposed to be read yesterday but had to be held back because the government state attorney, Tumaini Kweka, was not available. The resident magistrate, Ms 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. Defence lawyer Peter Kibatala asked the court to adjoin the case to Friday and the case was subsequently adjourned to December 21. It will be transferred to the High Court, where the registrar will set a date for the hearing.

Lulu’s defence team comprises Mr Kibatala, who is also a vice President of 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 did not have the powers to deal with 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 Twaibu 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 allegations 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 Citizen (17/12/2012): http://www.thecitizen.co.tz/news/4-national-news/27806-lulu-will-now-be-tried-for-manslaughter