A RESIDENT of Lindi region, Mohamed Ally, alias Sudi Sudi, is to be hanged to death for killing his mother, Binasa Omary, over a demand of 20,000/-.
This followed the decision of the Court of Appeal to dismiss the appeal under which Ally, the appellant, had lodged in attempt to fault the judgment of the High Court.
A panel led by Chief Justice Ibrahim Juma and Justices Richard Mziray and Ferdinand Wambali confirmed both conviction of murder and the death sentence imposed on the appellant for killing his mother.
During hearing of the appeal, the appellant stated that the trial court erred in law and facts by denying him the right to a fair hearing and for convicting and sentencing him while his case was not proved.
The appellant has further raised a defence of intoxication to support his innocence. In the judgment delivered in Mtwara recently, the panel ruled, “We are satisfied that this appeal has no merits.” But the justices were quick to point out that the issue of unfair trial could not arise since the appellant was permitted to defend himself, given the right to call witnesses and his defence was considered.
As to the question of intoxication, the justices having revisited the records found it clear that when committing the offence; the appellant was in his right sense and was not impaired by the alcohol he took. Referring to section 14 (1) of the Penal Code, intoxication does not constitute a defence to any criminal charge save in circumstances elaborated under that provision.
“The evidence as properly analysed by the trial judge leaves no doubt that the alleged state of intoxication on the part of the appellant was voluntary thus section 14 (2) (a) is inapplicable,” they ruled. In further scrutiny of proceedings, the trial judge had also considered the issue of malice aforethought, a necessary ingredient in establishing criminal liability in an offence of murder.
The justices of the appeal court pointed out that it was worth noting that according to the evidence on record, before committing the offence, the appellant communicated his intention of killing the deceased.
“Taking into consideration the uttered words (against his mother that wewe lazima nikumalize) and the weapon he used to assault his mother, all that is a clear proof of malice aforethought,” they concluded.
It was alleged during the trial that the appellant committed the offence using a heavy stick on October 1, 2014 at Kipara-Mnento village within Nachingwea district, Lindi region.
The court heard that on the material day, during daytime, the appellant and the deceased were at an initiation ceremony commonly known as Unyago. The appellant gave the deceased 20,000/- for buying building material.
The deceased took the money and surrendered it to her sister for safe keeping. Later on, without disclosing the reasons, the appellant demanded back his money from the deceased. Furthermore, for no apparent cause, the appellant took a heavy stick and started assaulting the deceased thoroughly on her ribs and head. The deceased decided to run away while shouting for help.
The appellant pursued his mother and continued assaulting her despite plea from his relatives, who gathered at the scene. The deceased’s sister showed up to rescue her sister.
She returned the money to the appellant, but the latter did not stop assaulting the deceased until she fell down unconscious. Having been satisfied with what he did, the appellant took to his heels.
However, he was apprehended soon afterwards and conveyed to Nachingwea Police Station. The deceased was taken to Mnero Mission Hospital for treatment, but died on the same day.
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Publish date : 2019-04-01 07:49:39