By FAUSTINE KAPAMA-Judiciary
THE Court of Appeal has dismissed the appeal lodged by
resident of Mara Region, Matiko Chandruku, alias Kehu, to challenge both conviction
and death sentence imposed on him for raping to death a seven-year-old girl,
Marma Furahini.
Justices Gerald Ndika, Winfrida Korosso and Othman Makungu
reached into such a decision after upholding the conviction of murder, as well
as the statutory death sentence passed against Chandruku, the appellant, by the
High Court at Musoma.
“We are, like the trial judge, satisfied that the
prosecution proved its case beyond reasonable doubt against the appellant and
that the trial court properly passed the sentence of death on (him) upon being
satisfied that (his) age at the time of commission of the offence was 18
years,” they ruled.
During hearing of the appeal, the counsel for the
appellant had complained, among others, that the cautioned statement, which was
relied upon by the High Court to ground the conviction was wrongly received in
evidence and the appellant was improperly sentenced to death because he was
under 18.
In their judgment delivered at Musoma Court Registry
recently, the justices said that the appellant raised the issue of
admissibility of the cautioned statement at that point in time in a fruitless
attempt to save an otherwise sinking boat.
They noted from the evidence that the cautioned
statement referred to was received in evidence after being tendered and the
appellant’s advocate could not raise any objection and that it was recorded at
the police station within the prescribed time following his arrest.
“If at all the appellant had in mind what he has
averred in the grounds of appeal, he would have objected to its being tendered
in evidence in which case, the prosecution would have prayed for an inquiry.
This was not done and, in our view, this complaint is an afterthought,” the
justices said.
They also pointed out that the trial court rightly
considered that the prosecution case very much depended on the cautioned
statement and the circumstances in which it was given and was satisfied that it
was voluntarily given, was true and amounted to a confession.
“We think the trial court was entitled to come to that
conclusion and could rely on it and the other pieces of evidence, which was
consistent with the appellant's confession and incriminated to convict (him) as
charged,” the justices said.
As to the complaint on improper sentence, they noted
the trial court conducted sentencing inquiry in terms of section 320 of the
Criminal Procedure Act (CPA) wherein the prosecution managed to parade four (4)
witnesses who proved that the appellant was eighteen years and some months.
According to the justices, it was also established
through such inquiry that the clinic card tendered was forged because it
referred to a child born in July, 2003 in the name of Mkani Marwa and not the
appellant and that his mother was found to be false witness hence her evidence
was not considered.
On June 30, 2018 at 08.00pm, one Lucia Ricardo found
out that her seven-year-old daughter, Marma Furahini, alias Malima Fraini, had
disappeared from home miraculously. This was discerned by her mother upon
returning from the conduct of her petty business.
She went home and assisted by members of her family,
searched for the deceased in vain. The mother and her family members reported
the matter to a ten-cell leader and also a hamlet chairman. The leader told
them it was too late for any meaningful action to be taken that night as it was
already 10:00 pm.
They resolved to raise alarm in morning to invite
people to search for the deceased. On July 1, 2018 people responded to the call
for help and mounted a search for the deceased. Following some hours of search,
the mother reported the incident to the Village Chairman.
After conducting a search for some hours’ news spread
that the appellant and his were last persons seen with the deceased. They
arrested the appellant and his brother and took them to the village office. The
elder brother with the appellant, however, escaped on the way to the village
office.
The village chairman interrogated the appellant while
at the village office who admitted to have killed the deceased and hid her body
at a secluded place. The appellant also agreed to take them to the place he hid
the deceased's body. The chairman reported the incident to the police.
Upon arrival at the village, the appellant led the
police and other people to Ujerumani hill and showed the place he had hidden
the deceased's body. The deceased's body was taken to Mugumu hospital and
examined and established that the cause of death was due to strangulation
leading to suffocation.
The deceased body was also found with circumstances
suggesting that she was raped. The police interrogated the appellant, who
confessed that he raped, killed the deceased and later hid the body. Such
cautioned statement was tendered during the trial which was admitted unopposed.
Hakuna maoni:
Chapisha Maoni