UTATA wa kisheria umeibuka ikiwa ni siku moja baada ya Mahakama ya Hakimu Mkazi Kisutu, Dar es Salaam kuwaachia huru watuhumiwa wa mauaji yanayomkabili mke wa marehemu bilionea Erasto Msuya, Mariam Mrita (41) na mfanyabiashara Revocatus Muyela (40), kisha kukamatwa tena.

Utata huo uliibuka jana mahakamani hapo mbele ya Hakimu Mkazi Mfawidhi, Thomas Simba, baada ya Wakili wa Serikali, Mutalemwa Kishenyi, kudai kuwa washtakiwa hao wanatakiwa kusomewa kosa hilo.

Kishenyi alidai kuwa washtakiwa hao wanakabiliwa na kosa moja la mauaji walilolitenda Mei 25, mwaka jana.

“Watuhumiwa kwa pamoja mnadaiwa kumuua dada wa bilionea Msuya, Aneth ambaye mlimchinja nyumbani kwake Kibada, Kigamboni jijini Dar es Salaam,” alidai Kishenyi.

Washtakiwa hawakupaswa kujibu kitu chochote kwa sababu mahakama hiyo haina mamlaka ya kusikiliza shauri hilo.

Hata hivyo, Kishenyi, aliiomba mahakama iahirishe kesi hadi siku nyingine kwa kuwa upelelezi wa kesi hiyo bado haujakamilika.

Kwa upande wake, Wakili wa utetezi, Peter Kibatala, aliibua hoja mbili akidai kuwa hati ya mashtaka ipo kinyume cha sheria, pia mahakama hiyo haina mamlaka ya kusikiliza kesi hiyo.

Alidai kuwa kesi hiyo imefunguliwa kinyume cha sheria kwa sababu ilishatolewa uamuzi Februari 23, mwaka huu mbele ya Hakimu Mkazi, Godfrey Mwambapa, aliyewaachia huru washtakiwa wote.

Alidai kuwa alimsikia Mwambapa aliyetoa uamuzi huo akisema washtakiwa wameachiwa huru na si kwamba wamefutiwa mashtaka.

“Hakimu Mwambapa alisema katika uamuzi wake ni kwamba, washtakiwa wapo huru na hawakupaswa kukamatwa na kuletwa mahakamani kusomewa kosa hilo la mauaji.

“Pia hati hiyo ya mashtaka haipaswi kuwepo mahakamani kwa sababu inatakiwa iwepo kisheria, kwa sababu ilichokifanya Jamhuri ilikuwa ni ujeuri tu wa kuikatalia mahakama kubadilisha hati,” alidai Kibatala.


Pili alidai kuwa licha ya kupewa muda huo wa kubadilisha hati, bado walikuwa na nafasi ya kukata rufaa kupinga uamuzi wa mahakama hiyo kuwaamuru wabadilishe hati hiyo.

Hata hivyo, Kishenyi, katika majibu yake alidai kuwa washtakiwa hao wamepandishwa kizimbani hapo jana na kusomewa kosa hilo kwa mujibu wa sheria.

Alidai kuwa uamuzi uliotolewa juzi na mahakama hiyo, ilikuwa ni kuwafutia mashtaka ambapo Jamhuri ina uwezo wa kuwakamata tena washtakiwa na kuwasomea kosa hilo la mauaji.

Alieleza kuwa kwa namna yoyote ile uamuzi uliotolewa mahakamani hapo ulikuwa na athari za kuwafutia mashtaka washtakiwa, ndiyo maana wamekamatwa tena.

“Sioni sababu yoyote inayoonyesha kosa walilosomewa washtakiwa lipo kimakosa mahakamani hapo,” alidai Kishenyi.

Kutokana na mvutano huo wa kisheria, Hakimu Simba, alisema anajua mzizi wa fitina wa kuibuka kwa hoja hizo ni uamuzi uliotolewa juzi mahakamani hapo.

“Ili kukata mzizi huo wa fitina na kuondoa utata, itabidi uamuzi huo uletwe kwa ajili ya kuangalia sehemu ambazo mnabishania, tena kwa kuwa umetolewa na mahakama hii hakuna tatizo,” alisema Simba.

Baada ya kueleza hayo, aliahirisha kesi hiyo hadi Machi 7, mwaka huu kwa ajili ya kutoa uamuzi kama washtakiwa waliachiwa huru ama walifutiwa mashtaka.


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