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Lack of medical evidence taints babu seya and son conviction!

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Rutashubanyuma, Sep 27, 2010.

  1. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    Sep 27, 2010
    Joined: Sep 24, 2010
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    It is saddening that we are in the 21st Century where technology has paved room for DNA to decide criminal cases but our justice system is still enslaved by oral evidence even in situations where DNA is abundantly available. In Babu Seya and son –Papii Kocha- there was ample DNA that went unattended and a case of such magnitude was decided upon perceptions of credibility between parties!!!

    On page 7 of the Court of Appeals decision, we learnt of a nonage that had succumbed to gonorrhea and was treated. Advances in medical sciences would have impelled the prosecution to ensure they understood the strains of gonococci and seek to compare with medical records of the accused. If the accused had ever contracted the disease during the same time the nonage was ravaged by the STD and they shared the same gonococci strains then circumstantial evidence commences in earnest to put the accused on a purported crime scene.

    On page 7 and 35, we were informed that the accused had seen the pudenda of the accused. One eye-witness described the lacerations on Babu Seya’s manhood but unfortunately neither the prosecution nor the courts saw the essence of verifying such oral claims with actual medical evaluation. From sunrise to sunset, Babu Seya and Son’s fate was sealed and it was a case of figuring out how to nail them in a manner that would not raise a hoot. The gaping chasm is on page 39 where the Appeals Court observed what the prosecution had alleged…”Those children led us to the house of Nguza near a school at Sinza a primary school near a school container. The children victims showed me the room where the alleged rape took place. The room was to the right it had a bed with a mattress, and the mattress leaded (sic) on the wall where clothes were hanged. The children victims had said that the sex was done on a bed and on the mattress on the floor.”

    DNA ought to have been sprawling in all mattresses, bed sheets and a bed found in the room. Tiny DNA was crying and waiting to be picked to retell the events in a manner compromised human beings could not. The vitality of DNA evidence has always been to disaffiliate human compulsion to distort the truth…that opportunity went begging in this criminal case and nobody seems pricked by a moral conscience of desisting sending possibly innocent citizens to life in a cage without a chance for parole! Again apart from DNA hiatus, there was another serious miscarriage of justice as a result of police sheer incompetence. After recording statements from the complainants the police were supposed to secure the crime scene, take evidence by video camera and photographs. A decision of the prosecution to accompany themselves with the complainants to a crime scene for scapegoats like …” Those children led us to the house of Nguza… The children victims showed me the room where the alleged rape took place.”

    The prosecution did not need the complainants to lead and show them anything because they already had their records of complaints in writing and by accompanying themselves with the nonages the prosecution tampered with crucial evidence.

    On page 39-40, the Appeals Court took us through the following circumstantial evidence jotted down by a good trial Magistrate… “She led us on how their short trip to the house of the first accused looked like. From the near toilet to the behind the container/ shop, to small entrance (not gated) entering the door through a sitting room, straight would lead to the exit….”

    What is the problem there? When the complainants were ushering in the trial Magistrate to the Nguza’s house they were already familiar with the surroundings - An ingratitude of police incompetence as demonstrated earlier. The police had already donated an illegal familiarization tour to the complainants and hence all the recited evidence in the trial was incorrigibly tampered with and should have been thrown out. Only in TZ where such flub-dub is permitted to curtail someone’s freedom for life!