Court frees 12 charged in connection with ferry disaster

Zanzibar. The Zanzibar High Court yesterday acquitted 12 people charged in connection with the MV Spice Islander disaster in which over 200 people died in 2011.

Zanzibar Chief Justice Omar Othman Makungu set the accused free on the grounds that charges brought against them were defective and investigations had stalled.

The 12 were facing 229 counts of manslaughter, which Mr Justice Makungu struck out on technicalities.

He said the prosecution had for the past two years failed to submit a complete charge sheet despite amending it three times.

“Investigations were supposed to have been completed in the first four months, but the prosecution failed to do that, and ended up amending the charge sheet three times in the past two years,” he said.

Earlier, the prosecution asked to be allowed to amend the charge sheet for the fourth time, saying key witnesses had been overlooked,  but the court turned down the request, which was objected to by the defence.

Mr Justice Makungu said it was unacceptable for the Director of Public Prosecution to be unable to submit a complete charge sheet in two years.

He added that the accused were given tough bail conditions, and this made it imperative for the prosecution to complete investigations in good time and expedite the case.

The accused were, among other conditions, not allowed to travel outside Zanzibar.

“This is not a new case...the prosecution have had plenty of time, and yet they have failed even to submit a complete charge sheet.  The court thus sets all the accused free,” Mr Justice Makungu said.

He added that the charge sheet did not have important details about the prosecution witnesses and the some of the victims.

The 12 accused included former Director of Marine Transport Authority Haji Vuai Ussi, Muyuni Representative Jaku Hashim Ayoub and businessman Salim Said Mohamed.

Others included Mr Abdallah Mohamed Abdallah, Mr Yusud Suleiman Issa, Mr Simai Nyange Simai, Mr Mohamed Hasnuu Makame, Mr Juma Seif Juma and the captain of the ill-fated vessel, Mr Said Kinyenyete, who was not before the court.

Their defence team comprised Mr John Bendera, Mr Hamid Mbwezeleni and Dr Masumbuko Lamwai.

The accused were charged with failing to take safety precautions  and overloading the vessel. The ferry capsized and sank in the Nungwi Channel en route to Pemba Island from Unguja on September 10, 2011.

According to a report by a commission of enquiry chaired by Mr Abdulhakim Ameir Issa, the vessel was on that night carrying 2,470 passengers, more than four times its capacity.

The commission said 941 people survived after clutching on to floating luggage and cargo for five hours before they were rescued. It is believed that over 1,500 people died, but only 229 bodies were recovered.