Huge NO to Zombe`s `second chance` plea
By Rosemary Mirondo
The High Court of Tanzania yesterday turned down the request by former Dar es Salaam Regional Crimes officer Abdallah Zombe to give defence for the second time.
Zombe who, along with seven other police officers, is charged in the High Court with murdering three businessmen and a taxi driver, had asked the court for a second chance to testify.
According to his counsel, Jerome Msemwa, his client had asked for a second chance to clarify on the letters that were sent by his co-accused to the Director of Public Prosecution (DPP), which he claimed had ``implicated him in the case.``
Appeal Court Judge Salum Massati dismissed the request yesterday during a court session in the morning.
The Judge said after going through the request, he came to a decision that there was no need to recall the accused to the stand because he did not show any special circumstances in the request.
Elaborating, he said that the law allows a witness to be recalled to the stand on special circumstances only, which fell short in the accused request.
He said if the court recalled Zombe, other accused would make similar requests to clarify on what Zombe had said, and if that was allowed there would be no end.
He said it was on that basis he had dismissed the request and called on the defence to call their other witnesses. However Msemwa told the court that he had no other witnesses and closed his case.
Advocate Majura Magafu also told the court that he had no witnesses for accused
Ahmed Makelle, Jane Andrew, Emmanuel Mabula, Corporal Michael and Corporal Abeneth and also closed their cases.
Advocate Denis Msafiri also told the court that his client Rajabu Bakari had no witnesses.
Advocate Gaudinios Ishengoma told the court that they each had one witness for accused Christopher Bageni and Festus Chenge.
The case was therefore adjourned until today.
Zombe and seven other police officers are charged with murdering three Mahenge businessmen-Ephraim Chigumbi, Sabinus Chigumbi, Mathias Lukombe and a Dar es Salaam taxi-driver Juma Ndugu at Pande forest in Mbezi Luis on January 14, 2006.