Wednesday, November 16, 2016

Court censures prosecution over delayed investigations in Mvungi case

FAUSTINE KAPAMA
DAR ES SALAAM’s Kisutu Resident Magistrate’s Court yesterday threatened to hand back to prosecution the 10 people charged with murdering former prominent lawyer Sengondo Mvungi.

Principal Resident Magistrate Thomas Simba accused the prosecution of failure to complete the investigations in the matter, reminding that the law provides for the court to return the accused to the custody of the prosecution upon failure to complete investigations within reasonable time.
The magistrate was responding to a complaint by the accused over undue delays in investigating the matter, condemning them languish in remand prison since their first arraignment in November 2013. “Should I return these people to you now? The law allows me to do so.
Otherwise, you must hasten the investigations,” the magistrate told the prosecution. Earlier, State Attorney Patrick Mwita, for the prosecution, had informed the court that investigations into the matter were at advanced stage as the file previously handled by the Regional Crime Office has been referred to the Director of Criminal Investigations for decisions.
“Under such circumstances, your honour, we pray for another mention date,” the attorney appealed.
The statement by the prosecution sparked complaints, with the accused demanding speedy investigation or else asking the court to freed them.
The magistrate granted the prosecution’s request, adjourning the matter for another mention on November 24. Accused in the case are John Ikondya Mayunga, Longishu Losingo, Juma Kangungu , Masunga Msukuma, Paul Mdionondo, Mianda Mlewa, Zacharia Msese, Msigwa Matonya, Ahmed Kitabu and George Jofrey Mulugu.
The prosecution alleges that the accused killed Dr Mvungi on November 3, 2013, at Msakuzi Kiswegere area in Kinondoni District on the outskirts of the city.
It is alleged that a group of suspected robbers at night stormed the deceased residence who was also a member of the Constitutional Review Commission (CRC) and critically wounded him when fighting off machete-wielding from them.
He was first admitted at Muhimbili Orthopaedic Institute (MOI) intensive care unit in Dar es Salaam but his condition remained critical, prompting his referral to Milpark Hospital in Parktown West, Johannesburg, South Africa on November 7, 2013.
Dr Mvungi, the renowned lawyer and 2005 presidential candidate on NCCRMageuzi ticket, succumbed to the injuries while receiving treatment at the South African hospital on November 13, 2013.
Prior to his post as CRC Member, Dr Mvungi was Advocate of the High Court and Court of Appeal. He was a Commissioner for Oaths and Notary Public and had been a Dean of the Faculty of Law and lecturer at the University of Dar es Salaam, and a Board Member and Affiliation Vice -Chairman for the Media Council of Tanzania (MCT).
Until his death, he was Deputy Vice -Chancellor of the University of Bagamoyo. Dr Mvungi also worked as journalist with Uhuru and Mzalendo newspapers in the 1970s and 1980s, before he quit journalism to pursue law studies.

No comments :

Post a Comment