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The court of appeal substituted the death sentence imposed on a man accused of killing his compatriot for manslaughter.
Mashaka Mbezi was accused of killing Mr. Simon Muhamali after being provoked by him. Mbezi suspected him of having a love affair with his wife
But the appellant will remain behind bars for five years after the Court of Appeal overturned the death sentence that had been imposed on him in having substituted for manslaughter
the High Court, the appellant's wife confirmed having a love affair with Mr. Muhamali, on which the appellant it's founded to defend it.
Although Kipenka Mussa, Augustine Mwarija and Richard Mziray JJ. Could not blame the High Court for rejecting the appellant's defense in his recent judgment in Dodoma, there were other circumstances. who doubted the testimony of the prosecution.
The appellant did not deny killing Mr. Muhamali, but he quickly pointed out that he was doing so he clearly indicated the circumstances that led to the assassination of his compatriot in his warned and extrajudicial statements that he recorded in front of the police.
"For some obscure reason, the prosecution did not choose the signal and did not dare to issue the cautionary statement, which was obviously within reach.
The Statement extrajudicial was also not requested and filed as previously promised by the prosecution, "the judges noted. According to them, if finally, after a second thought, the prosecution did not wish to rely on the documents, the appropriate option was to offer him the use of the defense at the end of the case of the prosecution.
that the prosecution did not take this option and continued withholding the documents for no reason at all. As a result, the judges were compelled, under s. 122 of the Evidence Act, to infer that the content of the notice and the out-of-court statements 626470001 would have been unfavorable to the pursuit.
They therefore decided that, knowing the contents of the documents, they could neither say their impact on the case, nor say with certainty that the murder in this case was ill-intentioned.
"Given the lingering doubts, we would not hesitate, give the appellant the benefit of the doubt and refuse to confirm the conviction of murder, which is overturned and substituted for the murder." manslaughter, "said the judges in their judgment.
They added in the judgment of July 18, 2018 considering the period spent by the appellant in detention, we believe that the sentence of" manslaughter " imprisonment of five years from the date of it will meet the justice of the case. "
The facts show that the appella He committed the offense on March 17, 2012 in the village from Mgunga to Dodoma
The fateful day, around 11 am, Mr. Muhamali and several other people consumed local alcohol in the village
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