Hatimaye Jerry Muro ashinda kesi yake

Ni vizuri kila saa,wakati na dakika mtu ukajivunia kuandika historia mpya ..M,J ameweka historia maishani na daima tutamkumbuka,tunakutegemea sana mtanganyika mwenzetu utupe yale yasiyoonekana kwa macho yetu ya kawaida mpaka kutumia binoculars

Viva Muro.
 
Honera sana ndugu yetu na karibu.Tulikumiss kwenye Kipindi chako cha usiku wa habari
 
The Kisutu Resident Magistrate’s Court in Dar es Salaam on Wednesday acquitted TBC1 investigative journalist, Jerry Muro and two others, after it found that the witnesses and evidence presented by the prosecution were doubtful.
“The accused are all acquitted of all charges and the prosecution has the right to appeal,” said presiding Resident Magistrate, Frank Mushi. After the judgment, State Attorney Boniface Stanslaus told reporters that he cannot assure anyone of an appeal at the moment until he meets the Director of Public Prosecution (DPP) who will determine whether to appeal or not.
The Magistrate also ordered the prosecution to return all confiscated items from Muro that were used as exhibits in the case. The exhibits were a pistol and handcuffs which were surrendered to authorities. Others acquitted in the corruption case are Deogratius Mgasa and Edwin Kapama, all businessmen in Dar es Salaam. They were acquitted of charges of conspiracy, corruption and falsely presenting themselves as government officials.
The third charge was only against the second and third accused Edwin Kapama and Deogratius Mgasa respectively. On the charge of conspiracy, the three were acquitted because the prosecution failed to show evidence of any communication between Muro and the third and main prosecutions witness, the accountant of Bagamoyo Municipal Council, Michael Wage.
“We should note that communication is vital to prove a conspiracy charge. The fact that the prosecution failed to prove this by not presenting any evidence such as printouts of text messages and call records between Muro and Wage, then it becomes difficult to establish any conspiracy.
“The fact that there was never any identification parade and the fact that the CCTV pictures presented as evidence failed to show the faces of the accused then the court concludes that the evidence and witnesses accounts as far as the conspiracy charge is concerned are doubtful, thus the court acquits all the accused,” ruled Mr Mushi.
On the second charge of corruption, the court considered two issues — the third prosecution witness’ accounts and the evidence given by the prosecution. “The third prosecution witness, Michael Wage, said that the accused had confronted and asked him to give them 10m/- so that they do not broadcast his alleged corruption practices. He said he gave 1m/- advance payment to the second accused, Edwin Kapama, but there is no evidence to show that Kapama received this money,” said Mushi.
The Magistrate said that as far as the second charge was concerned, the prosecution failed to show evidence of communication between the third prosecution witness and the accused. “The prosecution would have contacted the mobile phone service providers to get printouts of communication, but they failed to do so.
The CCTV pictures failed to show faces of the accused and the police arrested Jerry Muro as he was in his car rather than letting him first meet Wage at Sea Cliff Hotel,” said Mushi. The Magistrate also said that Kapama and Mgasa were arrested not at the hotel but in different locations.
“Considering the evidence and witnesses presented by the prosecution, the court finds the accused not guilty for the charge of corruption,” stated Mr Mushi. As for the third charge of falsely presenting themselves as government officials, the second and third accused were acquitted on the grounds that an educated man like Wage should not have given in so quickly without asking for the identity cards of the accused.
“This charge leaves the court wondering how an educated man like Michael Wage, an accountant by profession, could have surrendered so easily to two men, the court finds this a bit farfetched,” Mushi said. During the court session, Muro looked shaky and sweating during the whole period while his wife Jennifer sat quietly, staring at her husband throughout the session as the Magistrate read the judgment.
Kapama and Mgasa did not show any worry and at one time Mgasa was seen smiling at the audience in court. “I thank God and everybody who has been praying for me, the clerics and all my well- wishers. I have forgiven all those who caused this sad period in my life,” triumphant Muro said after his acquitance.
The case that lasted for over a year since February 5, 2010, summoned seven witnesses from the prosecution while the defence had presented four witnesses, three being the accused and one who was brought by Muro. The prosecution was presented by State Attorney Boniface Stanslaus while the defence was presented by Counsel Majura Magafu for the second and third accused while Muro’s defence was presented by Richard Rweyongeza.
According to the charge sheet, it was alleged that on January 2010 at an unknown place Muro, Kapama and Mgasa conspired to commit corruption. On the second charge it was alleged that on January 29, 2010, the three solicited bribe of 10m/- from the former accountant of Bagamoyo Municipal Council, Michael Wage, so that they do not air his corrupt practices on television. It is further alleged that on January 29, 2010 Mgasa and Kapama presented themselves to Wage as PCCB officers while knowing that it was false.
 
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