Defense lawyers hear witness testimonies and evidence in gang rape case

Dodoma. Four lawyers representing defendants—including a Tanzania People's Defence Forces (TPDF) soldier and three prison wardens—are reviewing witness testimonies and evidence in the case involving their clients.

The four lawyers are representing the accused in a case involving sodomy and gang rape of a girl from Yombo Dovya in Dar es Salaam.

The four are TPDF soldier MT.140105 Clinton Damas, Prisons Service officer C.1693 Praygod Mushi, Lord Lema, and Nickson Jackson.

The four accused people were arrested and arraigned on Monday, August 19, 2024, after a video clip disclosing the incident went viral on social media 20 days ago, sparking anxiety and outrage in the society.

They were arraigned at the Dodoma Resident Magistrate's Court before Principal Resident Magistrate Zabibu Mpangule.

The court has consecutively scheduled to hear the case from Tuesday, August 20, until tomorrow.

The accused face two charges, including gang rape and sodomising a girl, who in a charge sheet is referred to as XY. The case is being heard in camera.

What happened on Monday

The defendants were brought to court on Monday morning, with the hearing initially scheduled to begin at 2 pm, but court proceedings started at 4:20 pm.

At around a few minutes to 7 pm, the court was temporarily adjourned to give room for the defendants to eat, as they had not had any meals since their arrival in the morning.

Initially, it was stated that the hearing would continue at 7:30 pm; however, after their meal, the proceedings did not resume, as the defendants were returned to custody. The case was pronounced to continue on Tuesday at 4:00am.

 Defense lawyers

Defendants are represented by four lawyers led by advocate Godfrey Wasonga. Others are Sadiki Omari, Boniventura Njeru, and Meshaki Ngamando.

Speaking to reporters camped at the court on Monday, advocate Ngamando said that the prosecution presented five witnesses, but only one was heard due to time constraints.

However, he noted that the testimony was not completed, and the defendant's interrogation was halted when the prison officer indicated that time was up for the accused people to return to custody.

Advocate Ngamando reassured Tanzanians that justice will prevail and be visible, urging the public to remain patient.

"Such cases are often heard in camera, especially those involving sexual offenses. Even we lawyers are prohibited from disclosing or discussing anything heard in court because the case is meant to be confidential," he said.

He explained that ‘in camera’ means that no one other than the involved parties and that only the defence and prosecution lawyers are allowed in the courtroom.

"The public and reporters should remain calm... I believe that justice will not only be served but will also be visibly evident," added advocate Ngamando.

In case number 23476 of 2024, the prosecution is represented by three state attorneys.

What happened Wednesday

On Wednesday, August 21, the defendants were brought to court in the morning, and the hearing continued with the presentation of evidence from the prosecution side.

The National Prosecution Office's (NPS) deputy director, Renatus Mkude, said the current proceedings involve presenting evidence, with the names of witnesses remaining confidential to avoid disrupting the case's proceedings.