By Brian Wasili

The High Court sitting in Mwanza has found Edina Mtuwati, 48, with a case of manslaughter to answer for unlawful acts that caused the death of her husband’s first wife.

The state lawyer, Samuel Chisanga told the court that the accused, Mtuwati is married as a second wife to Elonimo Mtuwati both from Mtuwati Village in the area of Traditional Authority Govati in Mwanza.

The marriage which started some years ago was not approved by Elita who was Elonimo’s first wife so much so that she used to go to Edina’s house to accuse her of interfering with her marriage by using abusive language.

It was also heard that despite Edina asking her husband several times to reprimand his first wife to stop troubling her, the husband did nothing about it.

The court further learnt that during the night of October 18, 2016 the first wife (Elita) went to a drinking spree within the area and on return, the deceased stopped at the couple’s home as usual to shout at Edina.

After a prolonged exchange of bitter words, Elita (first wife) left for her home then the following day Edina followed her at her (the deceased’s) home whereby another squabble erupted.

“In the course of argument, a fight ensued and after Edina noticed that she was losing the battle, she took a big stone and hit her rival in the head,” Chisanga told the court.

Chisanga reported that the late Elita collapsed at the scene of the incident.

The following morning, Chisanga added, Elita was found lying down unconscious near her house and was taken to Thambani Health Centre by community members where she was pronounced dead.

“Medical documents which were tendered in court confirmed that the deceased died due to severe loss of blood resulting from a big cut in the head,” the court learnt.

The matter was reported to Mwanza Police Station and Edina was arrested on the same day October 19, 2016 where she was found hiding after getting news that the police were looking for her.

“Edina was first charged with murder but after examining the circumstances under which the incident happened, the case was changed by a lower court to manslaughter,” Chisanga told the court.

Edina pleaded guilty and admitted to the charge of manslaughter.

Chisanga, therefore, asked the court to consider revoking bail for the accused on security grounds.

In his submission, defense lawyer, Zaheed Ndeketa of Legal Aid Bureau said he had no problem for the court to take the convict back to remand but asked the court for more time before judgment.

“My Lord, I ask the court to give me some days to make submissions to the court of which I will do within 21 days,” said Chisanga.

High Court Judge, Sylvester Kalembera, accepted the request made by the defense lawyer.

“After hearing from both sides – the state and that of the defense counsel, I declare that the case be adjourned until March 15 for sentence,” said Kalembera.

The accused has since been sent to Mwanza Prison waiting for her sentence.

The late Elita hailed from the same village as that of Edina in the area of Traditional Authority (T.A) Govati in the district.

 

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