By Kusekwa Kusekwa.
The High Court at Manyara has acquitted two people, James Julian, alias Ararei and Joseph Aloyce Akapela, who were charged with the murder of their friend, one Ramadhan Bakari, alias Mchina, over an argument involving theft of a bicycle.
Judge Ilvin Mugeta ruled in favour of the two accused persons after finding them with no case to answer. He said that the prosecution failed to establish a prima facie case requiring the two accused persons to give their defence themselves in the dock.
“I am of the view that there is no evidence upon which the accused persons can validly be convicted. On that account, I cannot call them to enter a defence. I hold that they are not guilty of the charged offence of murder, contrary to Sections 196 and 197 of the Penal Code. I hereby acquit and discharge them accordingly under section 312(1) of the Penal Code,” the judge declared in a ruling delivered recently.
During the trial, the prosecution called four witnesses, including a grocery owner where the two accused persons and the deceased used to frequent together for evening drinks. The witness had told the court that on August 23, 2024 at 19:00 hours, the accused persons and the deceased, who frequented her grocery store for drinks as they allegedly also did on the fateful day. While there, the deceased allegedly accused Julian of having stolen his bicycle.
Allegedly, a quarrel ensued between them but they left together at around 10:00 pm. The next day, the deceased was found dead. However, Julian strongly refuted the claims.
The lady grocery store owner held that the accused persons were likely the culprits because they lived with the deceased on the streets as homeless persons and were always together. In his ruling, the judge doubted whether the grocery owner was sure that the trio usually slept at the landfill near Kwaraa stadium, where the body of the deceased was recovered, the only fact which would have linked the accused persons with the murder.
“It follows therefore, that associating the accused persons with the murder is ground on suspicion. In criminal charge, suspicion alone, however grave it may be, is not enough to sustain a conviction, all the more so, in a serious charge of murder,” he said as he set the accused free.
