Terrible tale in court: How albino was ruthlessly killed

This article was translated by Jean Burke for this blog from a Kiswahili newspaper (NIPASHE)

The second witness in the case of the murder of a child with albinism, has described to the Supreme Court of Tanzania of Mwanza Zone that he saw the first defendant, Kazimili Mashauri, when he killed his younger sister, Mariam Emmanuel (5) and that he told them if they made a sound they would be killed.

A part of the examination, between this witness, Nhindi Emmanuel, who is in Grade Five and the Public Prosecutor, Ayub Mwenda, before the Judge Projest Rugazia who is hearing this case , was as follows:

Lawyer: What happened at night when you were asleep?

Witness: Three people woke us up.

Lawyer: What did they tell you?

Witness: Lie down. If you make a noise we will kill you.

Lawyer: What did they have?

Witness: One had a machete, the second had a knife and the third a torch.

Lawyer: After telling you to lie down, what did they start to do?

Witness: They started to kill our little sister.

Lawyer: Who was killing her?

Witness: Kazimili.

Lawyer: What were the other two doing?

Witness: One was catching the blood by using a saucepan.

Lawyer: The other?

Witness: He was shining a torch.

Lawyer: After killing her, what happened then?

Witness: Kazimili drank the blood.

Lawyer: What happened after slaughtering her?

Witness: They cut off her legs.

Lawyer: How did you recognize Kazimili?

Witness: He was shining light with the torch.

Lawyer: Where was Kazimili living?

Witness: Just in the village.

Lawyer: What did you do after they left?

Witness: I went into my grandfather’s room to tell him, I called him Grandpa, Grandpa but he didn’t wake up. Later my uncle came and he kept calling him and then he woke up.

The witness told the court that he explained to his grandfather that Mariam was ruthlessly killed by Kazimili and then his grandfather lit a lamp and went to look.
He was questioned by the lawyer defending the first accused, Willbard Butambala, if the murderers hit him, and the witness described to Judge Rugazia that Kazimili hit him with the machete on his back.

In another event, Judge Rugazia decided to use his discretion after the third witness in this case, Jesca Emmanuel or Ndashaba didn’t understand the meaning of an oath and the effects of lying.

This witness who didn’t mention her age, told the judge that she is in first class in Ukiriguru Primary School in Misungwi district.

She was assisted by an interpreter, Jackson Tinapo, who interpreted the questions into Sukuma language, this child said she didn’t know when she started school, and the lessons which she is studying and that they did exams in February.

Because of the situation, Judge Rugazia said this witness didn’t appear to understand and it was unnecessary to teach her about oaths, and so permitted her to give evidence without an oath.

This case, number 42 of the year 2009 concerns the two accused, Kazimili Mashauri (48) and Mathias Italanga (60) known as Mahona.

The murder of Mariam occurred on January 21, in the year 2008, at 4 in the morning in Nyangh’olongo village of Misungwi district Mwanza region.

This case began to be heard on Tuesday when the mother of the deceased, Flora Mabula, gave evidence before Judge Rugazia adjourned it until yesterday. The case continues today.