BY KUSEKWA KUSEKWA
The Court of Appeal has thrown overboard an appeal lodged by a Babati resident, Emmanuel Safari, who the High Court sentenced to death by hanging for sodomising his stepson of one and a half years old who died in the act, apparently in obeyance of a witchdoctor’s instructions for a “get rich quick ritual.”
Justices Winfrida Korosso, Lilian Mashaka and Paul Ngwembe saw no reason to overturn the “guilty of murder” verdict as was lawfully imposed by the High Court.
“…All the ingredients of the offence against the appellant were proved beyond reasonable doubt. All in all, we find no merit in the appeal and dismiss it,” the justices declared in a judgement delivered recently in Arusha.
During hearing of the appeal, the appellant’s counsel, Kapimpiti Mgalula, submitted that the case against his client was not proved beyond reasonable doubt. However, Senior State Attorney Saada Mohamed, argued to the contrary that the charge was proved to the standard required.
In their judgment, the justices agreed with the High Court Judge and the arguments by the Senior State Attorney, that reflecting on the surrounding circumstances, it was the appellant who caused the injuries and harm to the private parts of his stepson (name withheld) that led to the death.
During the trial, the High Court heard that on March 21, 2021 at Maganjwa Village in Babati District, Manyara Region, the appellant did murder his stepson.
There was no immediate word from the bereaved mother but residents who preferred anonymity, said “justice had finally been served.”
