Activists condemn death sentence

Dar es Salaam. Human rights activists have expressed discontent over the death penalty passed yesterday by the Court of Appeal on former Kinondoni OC-CID Superintendent of Police (SP) Christopher Bageni after convicting him with murdering gemstone dealers in 2006.

Speaking soon after the Court of Appeal had decided the case, they hailed the court for finally putting the matter to rest but noted that generally the death sentence does not serve the purpose in criminal offences.

The executive director of the Legal and Human Rights Centre (LHRC), Dr Helen Kijo-Bisimba, said: “This judgment displays vengeance and it’s not a way of solving problems in society.” She explained that life imprisonment would instead give prisoners a chance to reflect and change, unlike death which denies them an opportunity to transform and even influence change in society.

“The judiciary has fulfilled its role and it’s good because justice is served but we’re still against the death penalty,” Dr  Kijo-Bisimba said.

Tanzania Human Rights Defenders Coalition coordinator Onesmo Olengurumwa questioned the release of former Dar es Salaam Regional Crimes Officer (RCO) Abdallah Zombe and death sentence to his junior SP Bageni.

“The chain of authority directly holds the senior police officer responsible for their junior, meaning the latter  take orders from above, how is it reasonable for Zombe to be left free?” he questioned. He advised that cases involving security officers should be keenly assessed so that junior officers are not convicted from obeying what the seniors instruct, in terms of tasks.

Mr Olengurumwa further called upon the government to scrap the death sentence.

Commission for Human Rights and Good Governance (CHRGG) chairman Bahame Nyanduga said this was a state-recognised judicial penalty showing presence of legal exercise in the country.

Yesterday, a panel of three judges, Justice Bernard Luanda, Lady Justice Sauda Msajiri and Justice Semistocles Kaijage reached the decision and overturned acquittal of Bageni by High Court and convicted him in all four counts of murder.

The judgement was read yesterday by the Registrar of the Court of Appeal John Kahyoza on behalf of the panel who heard the appeal instituted against SP Bageni and former Dar es Salaam RCO Abdallah Zombe, ASP Ahmed Makelle and Corporal Rajabu Bakari. However, in judgement, the Court supported the acquittal of Mr Zombe and the other two police officers after it was satisfied that there was no direct evidence linking them with the murders.

The Director of Public Prosecutions (DPP) filed the appeal in 2013 opposing the acquittal of Mr Zombe and other eight police officers for murdering gemstone dealers Sabinus Chigumbi, Ephraim Chigumbi and Mathias Lukombe and taxi driver Juma Ndugu on January 14, 2006 at Mabwepande Forest on the outskirts of the city. On April 29 this year, the DPP changed his submission against Mr Zombe asking the court to convict him of offence of accessory to the murder after ascertaining that there was no enough evidence to convict him. Before taking out Mr Zombe in the murder offence, the DPP dropped the appeal against other five police officers namely Constable Jane Andrew, Constable Emmanuel Mabula, Constable Michael Shonza, Corporal Abeneth Salo and Corporal Festus Gwabisabi after establishing that the evidence produced did not link them with the offence.

Elaborating, the judges said that there was no dispute that the deceased were brutally murdered at the Mabwepande Forest and the evidence shows that a person who made the killing was Corporal Saad who has never been charged and he was not among the accused persons in the case.

However, the registrar said that the Court of Appeal asked itself questions on who gave the order that the deceased be sent at the Pande Forest? And what the purpose of sending them there, the place where there is no house. The Court said that according to evidence, SP Bageni was the one in charge at the area where the event occurred. The jusges were satisfied that SP Bageni was the one who ordered the deceased to be send at the Mabwepande Forest where there is no house and without any significant reason so as to commit crime. “The act by Bageni to send the deceased at Mabwepande Forest from Sinza was a malicious intention. So, the court is satisfied that the deceased were murdered in presence and by order of the 4th accused,” reads part of the verdict.