Magistrate Simba said that after the prosecution early this March rest its case after calling 17 witnesses and submitting 19 exhibits but failed to prove without reasonable doubt that 17 accused committed the offence.
“I have gone through all the evidence produced before the court but I found only 18 accused with a case to answer and am setting free 17 accused,” Simba said.
The accused who have been set free are Halfani Mshangeli, Patric Elias, Jacob Kasembo, Amos Machaka, Hamis Mohamed, Elia Nalomba, Juma Kupaya, Josephine Machimo, Shadya Ismail, Aisha Hussein, Janerose Urio, Suzan Shaulini, Miriam Mwinyi, Magdalena Nashogikwa, Mariam Rashid, Pili Ally and Said Mwindi.
Those who were found with a case to answer are Yusuph Sungu, Juma Koza, Rashid Liwima, Mrisho Majaliwa, Hamis Ndege, Seleman Gwae, Baraka Nkoko and Mang’ enya Mang’enya.
Others are Abuu Issa, Ramadhan Said, Rajab Ally, Ally Athuman, Abraham Nunge, Amina Matipwili, Mariam Hoza, Rehema Juma, Gudila Temba and Veronica Ephraem (Mama Wambura). He said that the accused will be charged with six counts and because they are many they will give their defence testimonies for two consecutive days. Magistrate Simba adjourned the case until March 22 for ruling on bail application. The court also said that the accused will enter their pleas on March 29 and 30 for two consecutive days.
According to the charge sheet, it is alleged that on July 7, this year, at Bunju A, Kinondoni District in Dar es Salaam, the accused assembled unlawfully with intent to commit an offence of malicious damage to property.
The prosecution further alleged that the accused had conducted themselves in such a manner as to breach peace in the area.
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