Kazimili Mashauri seated (L) after being sentenced to death by the Mwanza High Court for killing Mariam Emmanuel (5). With him is Mathias Itangala, who was acquitted.A Mwanza resident, Kazimili Mashauri was yesterday convicted and sentenced to death by hanging for the murder of five-year old child, Mariam Emmanuel who was suffering from albinism.
His conviction by the High Court in Mwanza brought to 10 the number of sentenced to death for albino killings that rocked the country three years ago.
The killing of the albino child occurred on January 21, 2008 around 4.00 am at Nyangh’olongo village in Misungwi District, Mwanza Region. Hearing of the case started on July 6, this year, and the prosecuting side had four witnesses including the mother of the child, Flora Mabula.
Mashauri was the first accused in the case involving the brutal killing of the five-year old child.
The second accused in the case, Mathias Italanga, alias Machona was freed by the court.
In its first ruling in September last year, the High Court sitting in Shinyanga sentenced to death three accused persons in connection with the killings.
In October last year the High Court in Tabora Zone sentenced three accused persons to death by hanging after they were found guilty of two separate murders of albinos that were committed between 2002 and 2003.
Three other accused people were sentenced to death by hanging by another High Court sitting in Shinyanga in November last year.
Yesterday’s landmark ruling that lasted for almost one hour yesterday, was read by High Court Judge Projest Rugazia who said the court arrived at the decision after being satisfied with the evidence presented by the second witness in court against the first accused in the case.
Rugazia said the court had decided to set free the second accused in the case because evidence tendered in court against him was shallow as suggested by the court assessors.
He said the court verdict was made on the basis of evidence presented by the second witness to the case, Nhindi Emmanuel, who, according to the judge, witnessed the murder.
“The court believes that the evidence tendered by the second witness is true because it was supported by the evidence presented by the deceased child’s mother,” said Rugazia.
The judge rejected defense statement presented by the convict as untrue.
He said the court was satisfied beyond reasonable doubt by the evidence presented by the second witness, who had said that he saw the convict killing the child and drink her blood.
On the material day, the second and third witnesses were sleeping with the murdered child.
The trio who were convicted in September, last year and are now on death row are Masumbuko Madata (32) of Itunga Village, Emmanuel Masangwa (28) of Bunyihuna Village and Charles Kalamuji alias Charles Masangwa (42) of Nanda Village, all in Bukombe District.
They were convicted by Judge Gabriel Rwakibarila after being found guilty of conspiring and killing an albino schoolboy, Matatizo Dunia (13), on December 1, 2008 at Bunyihuna village in Shinyanga Region’s Bukombe District.
Ilanga Bagagu, a resident of Nyakabindi village, Dutwa hamlet in Bariadi District, was convicted in October, last year , after being found guilty of killing his best friend, Emmanuel Maduhu, a businessman selling onions in the district.
Others who were also sentenced to death are Masalu Misalaba of Lyagiti village and Said Masolwa alias Bunga of Lyabukande.
Delivering the judgement, Judge Mjalius said that both accused were found guilty of conspiring to kill Masolwa, who was brother of accused Said Masolwa.
He said that on February 3, 2003 the accused together with others, who did not appear in court, attacked Masolwa who was riding a bicycle together with Manyeye Bukamu.
Those who were sentenced to death in November last year by the High Court Judge Gadi Mjemas included Mboje Mawe, Chenyenye Kishiwa, Sayi Gamaya and Sayi Mafizi, all residents of Nkindwabiye village in Bariadi district, Shinyanga region to be hanged to death.
He said the four conspired and killed Lyaku Wille (50) of Nkindwabiye village between November and December 2008.
Judge Mjemas said he was convinced beyond reasonable doubt based on evidence adduced from DNA results conducted by a government chemist, Gloria Machube that matched blood stains found on the weapons which were in the accused possession, that none other than the accused committed the offence.
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