Nguza, son to stay in jail as court upholds life sentence

Popular Congolese musician, Nguza Vicking and his son, Johnson, will remain in jail for life after their attempt to have the sentence reviewed and quashed failed

Dar es Salaam. The Court of Appeal yesterday dismissed an application by a Congolese musician Nguza Viking alias Babu Seya and his son Johnson Nguza alias Papii Kocha seeking review of a life sentence handed to them for defiling minors.

The two, through their lawyer, Mabere Marando and Gabriel Mnyelle, asked the Appealed Court - the country’s Highest Tempe of judiciary, to review its judgment delivered on February 11, 2010, in which they claimed to have some slipperiness errors, and quash their conviction along with the life imprisonment.

However, the Appeal Court ruled yesterday that, the appellants failed to establish manifest errors resulted to unfair judicial decision that needed to be reviewed.

In their ruling that was read by deputy registrar of the Court of Appeal, Zahra Maruma, the judges Nathalia Kimaro, Mbaruku Mbaruku and Salum Massati said that the application lacks merits because the grounds submitted have already be heard in the appeal and being dismissed.

 “All grounds were not only suitable but also were taken in appeal, to re- introduce it would just be arguing this appeal in disregards,” the judges ruled.

On his side, advocate Mnyelle said that there is a need to have Supreme Court which can hear a matter like this and come up with right decision. 

This is the last chance for the Congolese musician to challenge the conviction and life imprisonment sentence handed to them after found guilty for raping Mashujaa Primary school pupils aged between six and ten years in 2003 in Sinza area in Kinondoni District, Dar es Salaam.

Speaking after the judgment, the Nguza and his son said that reached to this point have no more again to do more than asking President Jakaya Kikwete to help them.

“Our fate is now in president’s hands, we are asking him to help us because we no longer have other place to Appeal,” they said.

The two had been earlier convicted of ten counts of rape by the Kisutu Resident Magistrates’ Court in the city, jointly with two other Babu Seya sons, Nguza Mbangu and Francis Nguza. The conviction and sentence were upheld by the High Court.

However, the appeals court set free Nguza Mbangu and Francis Nguza after realizing that the charges against them were not proved.

In his submission yesterday, advocate Marando alleged that, the Court erred in law by not discussed in its judgment about the issue of prosecution not to bring evidence and materials of the case which required to be brought including some of the witnesses who described to witness the event.

Instead, Marando submitted that, the court in its decision said that is prosecutions who have choice to call witnesses they want.

“This statement removed the principle of ad visible for leaving important evidences,” submitted Marando.

Marando further claimed that, the Court not considered defense evidences and commented on that including some witnesses who are Nguza Viking’s mother and other musicians who were doing exercise at Viking’s house.

However, prosecution led Principal state attorney Jackson Mlaki strongly objected by the defense claiming that the application was improperly filed to the Court.

According to Mr Mlaki, there is no any error in the decision of the matter and that the grounds submitted by the defense are not for review but suitable for appeal.

“We are asking the court to dismissed the application and the accused continue to serve life imprisonment,” said Mlaki.