High Court orders retrial of murder case

SUNDAY NEWS Reporter

THE Court of Appeal has nullified the proceedings and judgment of murder trial of a resident of Iringa Region, Bosco Mgimwa, who was sentenced to death by hanging by the High Court for attacking to death his own biological mother.

Justices Sauda Mjasiri, Batuel Mmilla and Shaban Lila ordered fresh hearing of the matter after noting irregularities in the earlier trial, notably, failure by the High Court to give Mgimwa a chance to be assessed of his mental condition, following his commitment to a mental institution for observation.

They noted that though Mgimwa, the appellant, had legal representation, the issue was not raised by his advocate, but it was the duty of the trial court to ensure that the accused person’s mental status at the time he was alleged to have committed the offence is established, if that question became relevant.

“In the instant case, the court had already made an order for the appellant to be committed in a mental institution for observation. The High Court record is silent as to what actually transpired,” the justices further observed.

According to the justices, it was evident from the record that after the appellant was committed to mental hospital, the medical report was not admitted in court and no reference was made of it during the trial. They said that there was non-compliance of section 220 (1) (2) of the Criminal Procedure Act.

“The proceedings and judgment of the High Court were therefore a nullity. By powers vested in us under section 4 (2) of the (Appellate Jurisdiction) Act, we hereby quash the proceedings and judgment and set aside the death sentence. We make an order for a retrial as soon as practicable,” they declared.

On the day of the incident, the appellant attacked his mother with a big bamboo stick. He chased her around and gave her a thorough thrashing, causing her death. The deceased called out for help and two neighbours responded.

However, they could not stop the appellant. He chased them away, threatening to hit them with the bamboo stick. The appellant then continued to hit the deceased even after she fell down and became unconscious. The appellant was successfully arrested and charged with murder.

No evidence was adduced as to why the appellant attacked the deceased. Before commencement of the trial, advocate Rwezaula Kaijage, for the appellant, informed the court that after communicating with his client and looking at the statements of witnesses, he felt that there was a possibility that he was insane at the time he committed the offence.

He prayed for the appellant to be sent to a mental institution, Isanga Institution in Dodoma, for observation and determination of his mental status. There being no objection from the prosecution, the High Court ordered the appellant to be detained in a mental hospital for medical examination.