Date for Zombe’s acquittal appeal set
Former Dar es Salaam regional crimes officer Abdallah Zombe (left) confers with his lawyer Richard Rweyongeza at the High Court in the City yesterday. photo | Michael Jamson
What you need to know:
- However Judge Salum Massati on August 17, 2009 acquitted the nine for lack of incriminating evidence to mark the end of a three-year-and-a-half trial which generated intense public interest.
Dar es Salaam. The High Court on October 17 will rule on whether or not to grant an extension of time for the Director of Public Prosecution (DPP) to lodge a fresh notice of appeal against acquittal of the former Dar es Salaam regional crimes officer Abdallah Zombe and eight others.
Judge Aloyisius Mujulizi set the date yesterday after finishing hearing the application and preliminary objections from the respondents.
On their side, the republic represented by senior state attorneys Timon Vitalis and Edwin Kakolaki gave several grounds for the application including that the matter is of public interest and that the society wants to see the matter being taken to the Court of Appeal.
They also asked the court to grant the extension of time to file the notice of appeal because there were some legal issues, which needed to be heard and determined by the court.
However, defence counsel led by advocate Richard Rweyongeza assisted by advocate Majura Magafu asked the court to strike out the application on the grounds that the republic had neglected to write the notice of appeal and so far they have not explained the reasons behind the mistake.
Mr Zombe and eight other police officers were charged of murdering gemstone dealers Sabinus Chigumbi, Ephraim Chigumbi and Mathias Lukombe and taxi driver Juma Ndugu on January 14, 2006 at Pande Forest on the outskirts of the city.
However Judge Salum Massati on August 17, 2009 acquitted the nine for lack of incriminating evidence to mark the end of a three-year-and-a-half trial which generated intense public interest.
He directed the police to track down the “actual murderers” and bring them to book.
But, the DPP on October 6, 2009 filed an appeal at the Court of Appeal challenging the judgment claiming that, the judge erred in acquitting the accused.
In the appeal number 254, the DPP noted that according to evidence presented in court all the accused were guilty.
However, the appeal was dismissed in May 8 this year, after the court established that the DPP’s appeal was irreparably defective.
Charged along Mr Zombe are Christopher Bageni, Ahmed Makelle, Noel Leonard, Jane Andrew, Nyangerela Moris, Emanuel Mabula and Felix Sedrick.
Others are Michael Shonza, Abeneth Salo, Rashid Lema (who died before the defence hearing), Rajabu Bakari and Festus Gwabisabi.
