Tanzania: Appeal Court Affirms Death Penalty in Church Blast
Arusha — THE Court of Appeal has upheld the death sentences imposed on six people for their roles in terrorist offences, including the bombing of Burka Roman Catholic Parish Church in Olasiti, Arusha City, which left three people dead and others injured.
Justices Lugalo Mwandambo, Abraham Mwampashi and Lameck Mlacha dismissed the appeal lodged by Abashari Omary, Yusuph Hutta, Ramadhani Waziri, Abdul Juma, Kassim Ramadhan and Japhari Lema, thereby affirming the High Court’s convictions and sentences.
“The convictions and sentence imposed by the High Court for murder, the commission of terrorist acts and the use of property for the commission of terrorist acts are upheld in their entirety,” the justices ruled in a judgment delivered recently.
During the hearing, the appellants argued that their convictions were unsafe, as they were based on contested confession statements lacking independent corroboration.
The prosecution countered that the trial court had complied with cautionary rules, finding independent corroboration in the appellants’ own defence testimonies and a consistent chain of circumstantial evidence matching details in the confessions.
In their judgment, the justices held that the trial court did not rely solely on the contested statements, but properly found corroboration in the defence evidence.
They noted that the appellants inadvertently confirmed key movements and associations described in their cautioned statements, while physical exhibits, communication timelines and forensic findings on the explosive device matched specific details known only to the perpetrators.
“We are satisfied that the trial court properly directed itself on the rules of caution, conducted a balanced evaluation of the evidence and correctly found the case proved beyond reasonable doubt,” the justices said.
They added that courts are entitled to rely on defence evidence that strengthens the prosecution’s case.
However, the court agreed with the appellants on the conspiracy count, ruling that it could not stand where the substantive offence had been proved, and accordingly quashed that count.
The appellants were among nine accused persons tried and convicted on various counts, including conspiracy to commit terrorist acts, commission of terrorist acts, murder and use of property for terrorist acts.
The case stems from events on May 5, 2013, when worshippers gathered at Burka Roman Catholic Parish Church in Olasiti for a religious ceremony.
Before it began, an explosive device detonated among the congregation, killing three people and injuring more than 50 others.
Following investigations, the appellants and others were arrested and charged in July 2014. Of the initial 10 suspects, one died before trial, while three others were acquitted.
The prosecution case largely relied on cautioned statements by the appellants, which were later retracted or repudiated during trial.
By Daily News.
