Police officer gets three-year sentence for manslaughter

MTWARA: THE High Court in Mtwara has sentenced a police officer, Iman Mgale to three years in prison after he was convicted of manslaughter for the fatal shooting of his senior colleague, Inspector Eleuterius Hyera, during an operation to apprehend a suspect in the Lulindi area of Masasi District.

The judgment, delivered on September 2nd, this year by Judge Martha Mpaze, found the accused, identified as PF 21713 A/INSP, Mgale guilty of manslaughter under section 195 of the Penal Code.

The court cited eight prosecution witnesses and six key exhibits, including the firearm used in the incident, four bullets, six cartridge casings and a ballistic report, as central to the conviction.

“I therefore find PF 21713 A/INSP Mgale guilty of manslaughter contrary to section 195 of the Penal Code and he is hereby convicted accordingly.

It is so ordered,” Judge Mpaze stated during the hearing. In her ruling, the judge said that the discharge of the firearm by the accused did not occur in the course of arresting an armed suspect, defending the victim from imminent danger or in self-defense.

Instead, it was deemed an unlawful action outside the scope of the Police General Orders (PGO) regarding the use of firearms. This aggravated the seriousness of the offence and warranted a severe sentence. The prosecution argued that several aggravating factors warranted a strict penalty.

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These included the use of a firearm in a public operation, the death of a public officer while performing his duties and the abuse of entrusted authority.

On the other hand, the defence presented several mitigating factors, including the accused’s youth, his immediate cooperation with the authorities and his first-offender status.

The court also noted the accused’s actions after the incident, including visiting the deceased at the hospital. Judge Mpaze noted that the accused did not enter an early guilty plea, thus forgoing the usual onethird sentence reduction for such pleas.

She then established the starting point of the sentence and applied various reductions, including three years for the accused’s cooperation, two and a half years for his youth and first-offender status, five months for time already served in custody and one year for his personal circumstances, notably the loss of his job and the impact on his family.

“As a result, the final custodial term is three years,” the judge concluded.

“This sentence reflects the seriousness of the offence, the misuse of a firearm outside the lawful scope of PGO, resulting in the death of a public officer, while at the same time considering the mitigating circumstances.” The court outlined the events that led to the tragic incident.

On February 1, 2024, the accused was issued a pistol, a Norinco model and accompanied Inspector Hyera to Lulindi Village for an operation aimed at arresting suspects involved in a breakin and theft at a school.

During the operation, the accused fired several rounds from his weapon, one of which struck and killed the deceased. The accused later denied responsibility for the death and even challenged the identity of the firearm used.

However, the court found compelling evidence against the accused, including the testimony of two senior police officers who reported that the accused had admitted to firing the fatal shot.

The judge noted that there was no indication of malice or ulterior motives from the senior officers, making their testimonies credible. The accused also tried to cast doubt on the pistol used in the crime, but the court accepted the ballistic expert’s testimony and the certificate of seizure, which confirmed that the firearm produced in court was the same one issued to the accused and later recovered from him.

The case against the accused was built on solid circumstantial evidence, which left no reasonable doubt that he was responsible for the death of Inspector Hyera. Despite the accused’s denials, the court found the evidence overwhelmingly supported the charge of manslaughter.

The sentence serves as a reminder of the serious responsibility entrusted to law enforcement officers and the severe consequences of violating protocols and misusing firearms.