Prison officers acquitted in inmate killing case
LINDI: THE Court of Appeal has acquitted three prison officers who had been convicted of killing an inmate, Abdallah Ngatumbala, without intent and assaulting another, Sihaba Mswaki, causing grievous harm at Kipule Prison in Liwale District, Lindi Region.
Justices Ignas Kitusi, Abraham Mwampashi and Paul Ngwembe ruled in favour of Superintendent Gilbert Sindani, Sergeant Yusufu Selemani and Corporal Fadhili Mafowadi. The ruling followed an appeal they filed challenging the conviction and sentence imposed by the High Court.
“We are constrained to allow this appeal, quash the conviction, set aside the sentences and order the immediate release of the appellants from prison unless they are otherwise lawfully held,” the justices declared in a judgment delivered recently in Mtwara.
The High Court had previously sentenced the three officers to 17 years and 6 months in prison for manslaughter and 4 years and 6 months for causing grievous harm. The sentences were to run concurrently.
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During the appeal hearing, the appellants argued that the prosecution had failed to prove its case beyond a reasonable doubt. They cited significant contradictions in witness testimonies and the failure to summon key witnesses.
In their judgment, the justices agreed, stating that the prosecution’s case was undermined by unresolved inconsistencies in the evidence and the absence of material witnesses.
They acknowledged that there was no serious dispute over the fact that the victims had been assaulted, resulting in serious injuries to Mswaki and the death of Ngatumbala.
However, the justices noted that the identities of the perpetrators were not conclusively established.
They pointed out that two key prosecution witnesses, including one of the victims, gave contradictory statements about who committed the assault. Moreover, the evidence consistently pointed to another officer, ASP Mselemu, who was present at the scene but was never called to testify.
“Under these circumstances, it cannot be said that the offences were proved beyond a reasonable doubt,” the judgment read. “While some elements of the offences were established, such as the assault, the prosecution failed to prove that the appellants were the ones who committed the acts.”
Originally, the prosecution charged the officers with the murder of Abdallah Ngatumbala and the attempted murder of Sihaba Mswaki on June 8, 2022. However, the High Court found them guilty of the lesser offences of manslaughter and causing grievous harm.
The case stemmed from an incident in June 2022, when inmates at Kipule Prison were engaged in activities, including maize harvesting. Following the loss of some of the harvested maize, several prisoners were suspected of theft.
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As part of an internal investigation, the prison administration summoned certain inmates for interrogation, including Ngatumbala and Mswaki. During questioning, both were reportedly beaten with batons in an effort to extract information about the missing maize.
Both prisoners sustained serious injuries and were taken to hospital. Ngatumbala died from the injuries, while Mswaki survived after receiving treatment.
Following an investigation, the three officers were arrested and charged in connection with the incidents. The High Court convicted them, but the Court of Appeal has now overturned that decision and ordered their release.
