THE Kisutu Resident Magistrate’s Court in Dar es Salaam has sentenced two people to be hanged to death after being found guilty of intentionally killing Gervas Mgonja.
The convicts are Hamidu Mbegu (40) and Amiri Chiwaka (28), both residents of Dar es Salaam.
Principal Resident Magistrate Yusto Lubologa delivered the judgment after the court convicted them of murder.
The magistrate ruled that the prosecution proved the charge beyond reasonable doubt as required in criminal cases.
During the trial, the prosecution was led by Senior State Attorney Grace Mwanga, who was assisted by State Attorney Veronica Mtafya.
The prosecution called 7 witnesses as well as tendering 4 documentary exhibits to prove the charge including the postmortem report.
The prosecution had told the court that the accused attacked Mgonja on January 13, 2016, in Zingiziwa Chanika in Ilala District.
Reading the charge sheet, Mwanga said the defendants were accused of attacking and beating Mgonja after he interfered in a dispute between Mbegu and another person who was identified by a single name, Rashidi.
She explained that, on material day, Mbegu and Chiwaka attacked Fundi accusing him of having an affair with a girl identified as Halima and when Mgonja (the deceased) interfered to resolve the quell the two attacked him with knives and sticks causing severe body harm which led to his death.
The deceased suffered severe face and stomach wounds; broken ribs as confirmed by the doctor who was mentioned as witness number 2 in the case.
She told the court that after attacking Mgonja they threw his body in a hole and he was found dead the next day.
Before the judgment, the defense side led by defense attorney Omega Myeya asked the court to have their sentences reduced as they have already served 7 years in prison (since 2016).
Meanwhile, George Christian (50) appeared before the Kisutu Resident Magistrate’s Court accused of fraudulently obtaining over 33m/-.
Reading the charges before the Principal Resident Magistrate Merry Mrio, the State Attorney Caren Matemu explained to the court that, the accused is being charged with two counts of obtaining money by means of deception as well as faking his identity while knowing doing so is against the law.
The accused, on diverse days between November 2018 and April 2019, in Ubungo District in the city obtained over 33m/- from Gisera Msuya, pretending to help him with the recruitment of the ‘Eucharistic Sisters Mission Organisation’ while knowing doing so was against the law.
He claimed in the second count that on different dates and places between October 2018 and April 2019, within Arusha and Dodoma regions for the purpose of deceiving, the accused introduced himself to Gisera Msuya as a security officer from the President’s office.
According to the prosecution, the investigation into the case has been completed.
The accused denied all charges and the case has been adjourned until November 29, this year when it will come for a mention. The accused has been remanded after one of his sureties failed to fulfill the bail conditions.
