The Court of Appeal has dismissed the appeal lodged by a resident of Manyara Region, Andrea Ngura, who sought to challenge both conviction and death sentence passed against him for killing his wife, Tatu Bakari.
In his appeal Ngura had opposed the judgment given by High Court Judge Kakusulo Sambo on November 12, 2008, convicting him of the capital offence of murder after being satisfied by the prosecution’s evidence.
“It is, thus, our considered view that the prosecution case proved beyond reasonable doubt and that this appeal was lodged without substance.
It is accordingly dismissed in its entirety,” Justices Nathalia Kimaro, Salum Massati and Batuel Mmilla, ruled. They agreed with submissions of the prosecution that all the evidence on record point to the existence of malice aforethought.
The justices noted that the appellant had attacked his wife who was lying on the ground and while doing so he uttered abusive words and was heard saying he would kill her that day.
Prosecution witnesses, they also observed, had testified that the appellant had threatened physically one of them who intended to go and rescue the deceased and that the deceased’s body was thrown into a ditch and some oil had been poured over it.
“All these pieces of evidence were not challenged by the defence. We, therefore, agree that the deceased, Tatu Bakari, was killed by the appellant with malice aforethought,” the justices concluded. During trial, the court heard that the appellant committed the offence on November 16, 2004 at about 22.00 hours at Gichameda Village, in Babati District, Manyara Region.
On the material day, the couple had gone to a shop where they bought sardines and kerosene and left in the accompany of another person. At around 10.00pm, the duo reached the home of one John Aweda, who was in bed in his house.
Aweda heard their voices, which he knew, as they were quarreling whenever they passed there on their way home which was also nearby.
When he came out, he saw the appellant assaulting the deceased, who was lying on the ground helpless. When Aweda tried to intervene in order to rescue the deceased, the appellant threatened him with the machete he was wielding.
He quickly retreated to the safety of his house. The next morning Aweda was the first person to see the decease’s lifeless body lying on a footpath, the very spot where he had seen the couple the previous night. He immediately reported the sighting to the ten cell leader.
He also told him what he saw the previous night. They went in search of the appellant. He was found planting paddy seeds.
They arrested him and took him to the police station where he was re-arrested and after some investigation, he was accordingly charged. In his defence, the appellant told the trial court that on that day, when he came back from his shamba work at 9.00pm he did not find the deceased home.
His testimony shows that he and one Jumanne Salim set out to look for her. Before reaching Kinyume Village, they met her.
He testified that they went to the shop where they bought some kerosene, tobacco and sardines and they took her to one Salome Bakari, who advised them tom let her sleep as she was too drunk to walk home. So, he said, they left her there.
The appellant testified that he knew nothing about the death of his wife until the following morning when he was arrested on that account.
Unfortunately, Salome Bakari’s testimony shows that she neither saw the appellant nor his wife the night before as he had alleged.
By FAUSTINE KAPAMA, Tanzania Daily News
