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Tanzania High Court acquits seven vigilantes accused of killing villager over witchcraft allegations
Arusha. The High Court’s Sub-registry in Dodoma has acquitted seven defendants who were facing charges of murdering a villager accused of practicing witchcraft.
The case involved members of a vigilante group who allegedly killed Beritha Chalo on December 17, 2022, in Mwitikila Village, Bahi District, Dodoma.
The accused, identified as Maria Chigwile, Magreth Steven, Agusta Reuben, Janeth Hoya, Mariam Zacharia, Tatu Mkomochi and Pendo Lucas, were facing murder charges under Sections 196 and 197 of the Penal Code.
Justice Dr Evaristo Longopa presided over the case, in which the prosecution presented 11 witnesses and two exhibits, while the defense produced seven witnesses (the accused).
Justice Longopa delivered the ruling on October 28, 2024, after reviewing arguments from both sides. He concluded that the prosecution failed to meet the burden of proof required to convict the defendants beyond a reasonable doubt. Consequently, the court found the defendants not guilty and ordered their release.
Prosecution's evidence
The first witness, Neema Mpanda, testified that on December 17, 2022, she and her sister Grace Mpanda were detained by two members of the vigilante group and held at Lupeta Primary School on suspicion of drug use. Chalo was accused of witchcraft and allegedly beaten by the vigilantes.
According to Neema, three of the detainees were stripped and beaten on hot sand. She claimed Chalo was beaten by the vigilantes, except for the seventh defendant. Grace Mpanda, the second witness, stated that Chalo was whipped and dragged to the ground.
Additional witnesses corroborated the account of physical assault, while a village health official testified that Chalo’s body exhibited multiple bruises during a post-mortem on December 18, 2022.
Defense's argument
The defendants denied involvement in Chalo’s death, maintaining that they attended the community meeting in Mwitikila Village but did not participate in any assault. They testified that their roles at the gathering were limited to cooking and other supportive duties. Many cited their limited experience as newly appointed members of the vigilante group.
The Ruling
Justice Longopa emphasized the principle in criminal law that the prosecution bears the burden of proof beyond a reasonable doubt. After examining the evidence, the judge found inconsistencies, particularly regarding Chalo's time of death and the cause. Citing past rulings, he stated that the prosecution failed to establish a case against the defendants.
"None of them is guilty of the crime of murder under Sections 196 and 197 of the Penal Code. The court hereby acquits all seven defendants," Justice Longopa declared.
