Mwangosi: Police officer convicted of manslaughter

What you need to know:

Sentencing has been set for Tuesday after the defence and prosecution disagreed on how harsh the sentence should be.

Iringa. Police officer Pificious Cleophase was on Monday found guilty of unintentionally killing television journalist Daudi Mwangosi in 2012.

Delivering his verdict in Iringa, Justice Paul Kihwelo, convicted Cleophase of manslaughter, saying the accused confessed before a justice of the peace, which was admitted by the court.

Sentencing has been set for Tuesday after the defence and prosecution disagreed on how harsh the sentence should be.

The defence, led by Rwezaula Kaijage, asked the court to set the accused free for a number of reasons, including the fact that he had already spent four years behind bars.

“The accused is 27 years old, and has lost both parents.  He is the sole provider for five siblings and his own child,” he said.

“The four years he has spent in jail are enough punishment.  It should also be remembered that he was ordered by his seniors to go to the place where the incident happened.  It was not his choice to be there.”

The prosecution, led by State Attorney Adolf Maganda, asked the court to sentence the accused to life imprisonment.

“We ask the court to sentence the accused to life imprisonment in accordance with Section 198 of the Criminal Procedure Act and Section 16 of the Penal Code as revised in 2002,” he said.

Justice Kihwelo said he was deferring sentencing so that he could consider the submissions of both sides.

Justice Kihwelo added that the prosecution did not present in court a number of key witnesses who had been lined up to testify.  They include former Iringa Regional Police Commander Michael Kamuhanda and former Iringa Regional Crime Officer Nyegesa Wankyo.

Four prosecution witnesses testified.  The prosecution also submitted five exhibits, but only four were accepted.

The accused was found guilty solely through the confession he made to the justice of the peace and which was submitted before the court as exhibit Number 3.