Corpun file 22403
The Guardian, Dar es Salaam, 24 June 2010
No reprieve for jailed Kasusura
By Rosemary Mirondo
Click to enlarge
The High Court of Tanzania yesterday threw out an appeal by
Justin Kasusura, who was sentenced to 35 years in jail and 12
strokes of the cane several years ago.
It said the appeal lacked merit because the verdict was
perfectly sound and legal.
Reading the verdict, Judge (rtd) Thomas Mihayo said the
subordinate court - Kisutu in Dar es Salaam - had erred only on a
few points at the conviction stage that call for rectification.
He added that the verdict on armed robbery and theft was given
separately, effectively leading to a 35-year jail term when in
law the two ought to have run concurrently and therefore lead to
a sentence of only 30 years in jail and 12 strokes of the cane.
"The verdict is perfectly sound and legal and I had opted to
write a summary dismissal of the appeal. However, I have noticed
that the accused was sentenced to 30 years in jail for armed
robbery and another five years for theft separately. I hereby
order that these sentences run concurrently -- meaning a total of
30 years instead of 35," declared the judge.
He said the appellant had submitted a written appeal saying he
had reservations over his conviction by the subordinate
court."However, after going through the judgment by the
lower court, I am of the view that it was perfectly legal because
it met all the criteria of a conviction," he stated.
He said the lower court had not erred in acquitting the persons
accused alongside the appellant and had explained to satisfaction
why the accused was convicted.
Elaborating, Judge Mihayo said the evidence given by the
prosecution witnesses was sufficient because, according to first
witness Said Musa, the other accused were sent alongside the
appellant to pick up a parcel at Terminal One of the Dar es
Salaam International Airport.
The witness told the court that Kasusura was given a pistol for
self-defence but, upon receiving the parcel and leaving the
airport premises, he threatened his partner with the pistol and
took the parcel.
The court also heard that Kasusura later left in another car,
leaving Musa to find his own way back to office.
Judge Mihayo said the testimony was corroborated with the
testimonies of two other witnesses and the accused's own
statement which stated clearly that he pleaded guilty of
committing the crime.
Accordingly, the judge ruled that there was enough evidence to
convict the appellant.
Kasusura was convicted and sentenced to 35 years in jail and
12 strokes of the cane after the Kisutu Resident Magistrate's
Court was satisfied with the testimony given by 14 witnesses. The
trial began in 2000 when he was charged with conspiracy, armed
robbery and the theft of US$2 million.
About this website
Search this site
Country files: Corporal punishment in Tanzania
Archive 2006: Tanzania
Archive 2007: Tanzania
Archive 2008: Tanzania