Defence lawyers: Appeal not off the table after gang rape verdict

Dodoma. Defence lawyers representing the four men convicted of gang rape and sodomy have expressed their readiness to file an appeal if their clients choose to challenge the verdict issued yesterday.

Speaking to reporters shortly after the Dodoma Resident Magistrate’s Court delivered its ruling, the lawyers emphasised that this judgement does not mark the end of the legal battle, if their clients choose to appeal.

Attorney, Godfrey Wasonga, criticised the ruling judgement, highlighting what he perceives as several legal inconsistencies and flaws in the indictment that, claimed, the court failed to address.

“Should the defendants opt to appeal, my team is prepared to represent them throughout the process,” Wasonga said.

He underscored his belief that critical aspects of the law were not adequately considered during the trial, hinting at grounds that could form the basis of an appeal.

Co-counsel, Meshack Ngamando, emphasised the possibility of an appeal.

“We still have the opportunity to appeal. If this court finds them guilty, we will appeal to the High Court. Should the High Court also deliver an unfavourable verdict, we are ready to proceed to the Court of Appeal. There are steps we can take even if they are convicted today,” he had told reporters before the convening of the court session yesterday.

Yesterday’s verdict, delivered by Senior Resident Magistrate Zabibu Mpangule in criminal case number 23476 of 2024, resulted in the sentencing of the four defendants to life imprisonment.

Additionally, the court ordered each of them to pay Sh1 million in compensation to the victim, a young woman from Yombo Dovya, Dar es Salaam, who suffered immensely from the heinous crimes.

The four convicts, Tanzania People’s Defence Force (TPDF) soldier MT 140105 Clinton Damas, known as “Nyundo,” Prison Officers C.1693 Praygod Mushi, Nickson Jackson, referred to as “Machuche,” and Amin Lema, also known as “Kindamba,” were all found guilty of both charges: gang rape and sodomy.

The crimes sent shockwaves through the nation, especially after video evidence of the assault circulated on social media, eliciting widespread condemnation and demands for justice.

Speaking to the media after the verdict, Assistant Director from the National Prosecution Office, Renatus Mkude, asserted that justice had been served for the victim, who endured the brutal acts at the hands of the defendants.

“The court has found the defendants guilty based on the evidence presented by the prosecution. They have been sentenced to life imprisonment for both offences, with each required to pay Sh1 million to the victim,” Mkude stated.

Mkude explained that the case was handled with the utmost confidentiality, adhering to legal requirements to protect the dignity and privacy of all parties involved, particularly the victim. 

This approach, he said, was crucial in ensuring that the sensitive nature of the allegations was managed respectfully.

“The case has been concluded today, and we are thankful that everything went smoothly,” he added. “If any party is dissatisfied with the ruling, they have the right to appeal. Justice has been done, and we urge the public to remain calm and let the courts do their work. Everything has proceeded according to legal procedures,” he noted.

In this high-profile case, the prosecution called upon 18 witnesses and presented 12 exhibits, effectively building a comprehensive case against the accused. On the other hand, the defence relied solely on the testimonies of the four defendants, failing to present any additional evidence to support their innocence.

This stark contrast between the wealth of evidence presented by the prosecution and the lack thereof from the defence is seen by some legal experts as a decisive factor in the court’s ruling.

The four men first appeared in court on August 19, 2024, after videos of their assault were widely circulated on social media, sparking public outrage.

The graphic footage, which showed the woman being brutally assaulted, triggered widespread condemnation from various human rights organisations, activists, and the general public, all calling for swift action and justice.

The videos not only served as critical evidence in the trial but also underscored the urgent need to address issues of gender-based violence in Tanzanian society.

It was alleged at the time that the defendants were acting under the orders of a person of authority who accused the woman of having an affair with her husband.

This claim added a layer of complexity to the case, raising concerns about the misuse of authority and power dynamics in the commission of such crimes.