Why court set free 11 men charged with killing of police officers

Dar es Salaam. The High Court has set free all 11 men who were charged with brutal murders of two policemen during a bloody operation to remove dozens of families from a national ranch in Uvinza District, Kigoma Region, in October 2018.

In a case that has exposed poor investigations and possible injustices by the police, the court said in its judgment last Friday that prosecution has failed to prove the charge against the 11 men to the required standards.

 Judge Ilvin Mugeta faulted identification of the accused as questionable, saying there was no evidence they were properly identified at the scene of the crime and during identification parades. Most of those who were acquitted have suffered gunshot wounds on their legs, abdomen, shoulders and other parts of their bodies.

 They are Gelya Kiseja, Jumanne Jackson, Nkono Mwandu, Shishi George, Masanja John, Hamisi Masalu, Walwa Malongo, Makenzi Lukelesha, Masulu Inambali, Petro Bucheyeki and Charles Maduhu.

They were charged with the murder in October 19, 2018 of in charge of Nguruka Police Station Inspector Ramadhani Hamisi Mdimu and Corporal Mohamed Zengo whose body was found with missing private parts. The court rejected the prosecution’s evidence that some of the accused were injured at the scene of the crime.

The prosecution case also failed largely over procedural flaws in the identification of the accused and mismatch of evidence adduced by police officers who arrested the eleven men.

The suspects were arrested on different dates in October, 2018 while receiving treatment in hospitals and aboard buses as they travelled to different places.

Deadly clashes

 The clashes occurred on the last day of the operation to evict over 100 families that had illegally settled at Ilunda area within the National Ranching Company (Narco) area and conducted agri- cultural activities and livestock keeping for years.

The operation that was conducted by policemen, militiamen and officers from the Uvinza District Council involved burning of houses that left many families homeless.

Clashes ensued when a group of officers, led by Inspector Ramadhani Mdimu, met resistance from about 200 civilians as they returned to their camp after the operation.

No amount of tear gas canisters and live bullets fired by the police deterred the angry victims from charging at the police, leaving two of the officers dead.

 Shocking evidence Following the incident, police set road blocks in all major roads as they tried to net suspects running from the ‘battle field’, mostly targeting those with fresh wounds.

 Gelya Kiseja and Charles Maduhu, who were the first to be acquitted, were arrested at Mpeta area while on a motorcycle as passengers on their way to Nguruka Hospital for treatment.

Acting on a tipoff, the police also arrested Jumanne Jackson, Nkono Mwandu, Shishi George and Masanja John at Nguruka Hospital while receiving treat- ment.

The other accused, Hamisi Masalu, Walwa Malongo, Makenzi Lukelesha, Masalu Inambali and Petro Bucheyeki, were arrested the next day at Mpeta Village aboard Nyamanza Bus.

An informer had informed the police they were suspects too. Before arraignment, the accused had spent one-and-a half months at Lugufu and Uvinza police stations where identification parades were held and their statements recorded.

 It emerged during the trial that the identification of the accused persons in the court failed to cor- respond with their identification at police stations.

 The first accused person, Gelya Kiseja, for instance, was identified by a prosecution witness Adam Harenga who failed to identify him in the dock.

 Mr Kiseja denied having participated in the clashes and that he was assaulted by the police at his residence in the presence of his wives and children.

“Later police shot me in the right leg from back,” the court heard. He showed the court two scars on his right leg below the knee, a small scar at the back and a large one at the front part.

 He said the bullet entered from behind and exited from the front.

Improper identification

 In his defence, Mr Maduhu told the court that he was bare footed at an identification parade and that he had put on dirty clothes while others were smart, therefore, he could easily be identified.

“The evidence is undisputed and raises doubt on the procedure adopted in carrying out the identification parade. Due to the fact that PW1 (first prosecution witness) failed to identify Mr Maduhu in court, the reliability of the identification parade is questionable,” said the court.

Characteristics of a bullet

The court also rejected the evidence of a police officer DC Pius who alleged to have shot Mr Kiseja as they directly faced each other when Kiseja allegedly assaulted Ramadhani Mdimu with a spear.

Mr Kiseja said he was shot from behind while at home. “It is my view that the first accused person (Mr Kiseja) is truthful because the scars on his leg show the bullet entered from the back and exited at the front. That is a typical characteristic of a bullet when it enters a human body,” said the judge as he referred to a book, “Gunshot Wounds: Practical Aspects of Firearms, Ballistics and Forensic Techniques by Vice- nt JM Maio.

The exit wound of the victim was found to be larger and irregular than entrance wounds. The court rejected the identification of the rest of the accused who claimed they were lined up for identification with their blood- stained clothes, a situation which made them easily identifiable.

Other accused complained during trial that they were being called from the bench outside the police station against the evidence of a police officer who supervised the exercise who told the court that identifiers came from hidden places.

 The officer later conceded during cross examination that he waited outside the police sta- tion seated at the bench before the parade.

“This means witnesses could see the suspects being paraded,” said the judge.

 The court also disregarded the evidence of a police officer who identified Mr Lukelesha, Inambali and Bucheyeki after being satisfied that the same officer who picked them from Usinge police station to Uvinza police station later participated in the identification parade.

“This evidence is unchallenged and rises a reasonable doubt on the prosecution’s case on the reliability of the identifications,” said the court.

Opposition MP Zitto Kabwe was arrested and charged with incitement in November 2018 after he publicly claimed that over 100 civilians were killed during the deadly clashes between police and civilians in Uvinza.