The Resident Magistrate's Court, Kisutu, has released Amani Philipo, a resident of Mbezi, Dar es Salaam, who was facing charges of intentionally killing a road safety officer, Ssajent Mensah, after the prosecution failed to prove the charges against him.
Reading the sentence, the Chief Resident Magistrate, Lumuli Mbuya said during the hearing of the case, the prosecution sent witnesses and 6 exhibits, where in those exhibits there was a report of the death investigation, a map of the incident, details of witness number 1, details of witness number 3, the description of witness number 4 and the police warning.
He said that on the defense side they had two witnesses, which are the accused himself and the witness Samuel Thomas, who on the day of the incident, both the accused and the accused from the morning until 4 o'clock at night.
Mbuya said that the witness Samuel claimed that he was driving a Spacio car that day, they left Tangi Vovu at half past three in the night, where they drank some beer and then he and Amani left the Bar which is owned by a person who named him Michael.
He claimed he brought Amani to Mbezi Africana at four in the night and he went to Tegeta and urged Amani to meet the next day to carry out their plan to roast meat.
Samuel claimed that the next day, July 23, 2016, at four in the morning he was called by Amani and was asked if he was at home and when he answered that he was, he told him that he was at the gate asking him to open it for him.
He claimed that when he went to open the gate, he was surprised to see that the person who entered was not Amani, but a soldier who introduced himself as Ben Magufuli and asked him where Amani was the day before.
He claimed he told her about their journey that took them from Muhimbili to Baa and then brought him home at four in the night.
He said the soldier asked him to tell the truth, to help Amani because he has problems, he asked him what problems?
But he didn't answer him but went out with him outside the gate where he found Amani with a young man whom he named Oswald Mang'ombe, while they were handcuffed.
Mbuya said Samuel claimed he asked Amani what is going on?
Amani replied that he doesn't even know, because the police only went to arrest him when he was at home.
Judge Mbuya said in the evidence given by the prosecution's witnesses, his evidence had many gaps so it failed to prove that the suspect was involved in the death of Sergeant Mensah.
He said that according to the indictment it is alleged that on July 22, 2016, the accused Amani Philipo at 2 o'clock in the night, in the area of Science Street Dar es Salaam intentionally killed Sergeant Mensah by shooting him in the chest on the right side.