Donald Lukele
Businessman Deogratus Minja has filed a notice of appeal to contest the judgment issued by the Kinondoni District Court in Dar es Salaam, which acquitted bank employee Ibrahim Masahi (40) who is accused of injuring him with a hammer.
It is alleged that Masahi attacked his neighbor Minja with a hammer, causing him significant bodily harm, allegedly because Minja reported him to the local authorities for dumping dirty water.
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Minja has decided to appeal the decision after noticing deficiencies in the judgment, claiming that the evidence he presented in court did not align with the verdict given.
The judgment delivered by Magistrate Amos Rweikiza stated that the evidence provided by the four witnesses for the prosecution did not conclusively prove the case beyond a reasonable doubt and that the law is clear that it is the Republic’s responsibility to prove the case.
“The evidence presented indicates that Minja was indeed injured and was able to show his injuries in court, and even the doctor who examined him described how the complainant was injured with a broken shoulder,”
“The court questioned whether the complainant could identify the accused because the evidence shows that the incident occurred at night and the complainant claimed he was struck, fell to the ground, then turned and identified the attacker,” said Rweikiza.
He mentioned that it is necessary to establish if the complainant recognized the accused correctly. In Minja’s testimony, he claimed the attacker stood behind him and hit him, and legally, he must specify the amount of light that helped him identify the accused.
“In identifying an attacker, one must state the level of light available for accurate recognition. In Minja’s testimony, he did not mention the source of light he used to identify the suspect,” said Magistrate Rweikiza.
Rweikiza noted that when the complainant was questioned by Defense Lawyer Nestory Wandiba, he claimed that the incident occurred very briefly, so the issue of identification must be explained clearly.
“The testimony did not clarify who assisted the victim after the incident, whether it was Mama Emma or Fadhili. The identification made by the victim did not meet legal standards and left doubts.”
Masahi was accused of attacking and injuring Deogratus Minja on January 11, 2023, at Mbezi Msakuzi within the Ubungo District in Dar es Salaam.
