Court upholds death sentence for Babati man over stepson’s murder

MANYARA: A RESIDENT of Babati District, Emmanuel Safari, has been sentenced to death by hanging after being convicted of committing an unnatural sexual offence and murdering his one-and-a-half-year-old stepson, allegedly on the instructions of a witchdoctor who had promised that the act would bring him wealth.

The Court of Appeal recently dismissed Safari’s appeal challenging his conviction by the High Court of Tanzania at Manyara, which had found him guilty of murder after a full trial.

“The ingredients of the offence against the appellant were proved beyond reasonable doubt. All in all, we find no merit in the appeal and dismiss it,” declared Justices Winfrida Korosso, Lilian Mashaka and Paul Ngwembe in a judgment delivered recently.

During the appeal hearing, Safari’s counsel, Kapimpiti Mgalula, argued that the prosecution failed to prove the charge beyond reasonable doubt. He contended that the conviction relied solely on circumstantial evidence and that there were no eyewitnesses to the crime.

However, Senior State Attorney Saada Mohamed, representing the prosecution, opposed the appeal, arguing that the evidence, including circumstantial proof and the appellant’s oral confessions, met the required standard. She said that testimony from a credible prosecution witness revealed a clear pattern of events pointing to Safari as the perpetrator.

ALSO READ: CEOrt engagement highlights public-private cooperation in health

In their judgment, the justices highlighted that it was undisputed that on the day of the incident, the deceased was under Safari’s care for some time, including when he gave him a bath and that the child had no visible injuries at that stage.

The justices noted that Safari testified he was the one who took the boy to Dareda Mission Hospital, where doctors found severe injuries: the rectal intestine had been penetrated and there were bruises and swelling in the private area. Safari offered no explanation for how the child sustained the injuries, claiming he did not know what had happened.

“Considering the chain of events, we agree with the High Court judge and Senior State Attorney that, based on the surrounding circumstances, it was the appellant who caused the injuries to his stepson that led to his death,” the justices said.

According to court records, on March 21, 2021, at Maganjwa Village in Babati District, Safari murdered his stepson. The deceased lived with his mother and sibling. Safari, who had married the mother, moved into the household and resided with the two children.

On the day of the incident, Safari and his wife left for work, leaving the children in the care of a 9-year-old relative, who occasionally looked after them. The witness testified that Safari returned home and sent him to fetch water, leaving the deceased in Safari’s care.

Upon returning, the witness saw Safari bathing the child before they left for Dareda Mission Hospital.

At the hospital, doctors found the boy had been sexually assaulted with a blunt object. While arranging a referral for further treatment, medical staff determined that the child had already died.

Safari’s conviction and death sentence by the High Court now stand following the dismissal of his appeal.