Congolese musicians Nguza Viking alias Babu Seya (right) and his son Johnson Nguza, “Papii Kocha”, greet supporters outside the Court of Appeal in Dar es Salaam yesterday after a session of their case in which they are seeking a review of the judgment which gave them a life in jail for allegedly defiling minors in Dar es Salaam about ten years ago. PHOTO|MICHAEL JAMSON
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Instead, Marando submitted that, the court in its decision said that is prosecutions who have choice to call witnesses they want.
Dar es Salaam. Congolese musician Nguza Viking alias Babu Seya, and his son Johnson Nguza, alias Papii Kocha yesterday asked the Court of Appeal to review its judgment and quash their conviction along with the life imprisonment sentence for raping minors.
The convicts representing by advocate Mabere Marando told justices of the Appealed Court, Nathalia Kimaro, Mbarouk Mbarouk and Salum Massati to go again through the judgment delivered in February 11, 2010 in which they claimed to have some slipperiness errors.
In the judgment, the accused were convicted and sentenced to life imprisonment for founding guilty for raping Mashujaa Primary school pupils aged between six and ten years in 2003 in Sinza area in Kinondoni District, Dar es Salaam..
The two had been earlier convicted of ten counts of rape by the Kisutu Resident Magistrates’ Court in the city, jointly with two other Babu Seya sons, Nguza Mbangu and Francis Nguza. The conviction and sentence were upheld by the High Court.
However, the appeals court set free Nguza Mbangu and Francis Nguza after realizing that the charges against them were not proved.
In his submission yesterday, advocate Marando alleged that, the Court erred in law by not discussed in its judgment about the issue of prosecution not to bring evidence and materials of the case which required to be brought including some of the witnesses who described to witness the event.
Instead, Marando submitted that, the court in its decision said that is prosecutions who have choice to call witnesses they want.
“This statement removed the principle of ad visible for leaving important evidences,” submitted Marando.
Marando further claimed that, the Court not considered defense evidences and commented on that including some witnesses who are Nguza Viking’s mother and other musicians who were doing exercise at Viking’s house.
However, prosecution led Principal state attorney Jackson Mlaki strongly objected by the defense claiming that the application was improperly filed to the Court.
According to Mr Mlaki, there is no any error in the decision of the matter and that the grounds submitted by the defense are not for review but suitable for appeal.
“We are asking the court to dismissed the application and the accused continue to serve life imprisonment,” said Mlaki.
The applicants and the two freed Babu Seya sons were arraigned at the Kisutu Court in 2003 charged with ten counts of raping minors.
The four were convicted of the offences on June 25, 2004 and sentenced to life imprisonment and each ordered to pay Sh2 million compensation to every victim.
They appealed to the High Court, but the appeal was dismissed on January 12, 2005 by Judge Thomas Mihayo, as he then was. Still dissatisfied, the four petitioned the Court of Appeal which delivered its judgment on February 11, 2010, acquitting Nguza Mbangu and Francis Nguza.
