Senior broadcast journalist Jerry Muro (C) is hugged by relatives yesterday shortly after Dar es Salaam`s Kisutu Resident Magistrate Court dismissed a corruption case.
The court also ordered the police to return to Muro his handcuff, pistol and glasses that were provided in court as evidence because they were obtained legally.
Other accused in the case are Deogratius Mgasa and Edmund Kapama.
Delivering the judgment in a fully packed courtroom for over one and half hours resident magistrate Frank Moshi said the prosecution side was not able to provide sufficient evidence to prove that the accused committed the offences.
He stressed that, the court had time to go through the evidence brought by the prosecution side, the defence counsel and the submissions of both parties.
He said on the conspiracy offence, the prosecution side was not able to show that the there was any communication between the accused and the third accused person, who was the complainant in the case.
Magistrate Moshi further said in order to show that there was conspiracy there must be communication, which showed they knew each other.
“The prosecution side was not able to bring to the court a printout of the messages between the accused Muro and witness number three Wangwe, who claimed to send a message to Muro. So, lack of that printout of the messages has weakened the evidence and CCTV photos brought to the court were not clear,” said Moshi.
He noted that witness number four claimed to give a copy of the photo and a CD to the prosecution side; if they had used it they would have strengthened the evidence.
He added that the prosecution side would have presented an identity parade showing that the witness Wagwe identified the accused in the case.
Speaking outside the courtroom, excited Muro said: “I aim very happy and I thank all religious leaders who have been praying for me. I also sincerely forgive those who have hurt me in anyway - some of them are police officers and government leaders. I encourage others to join forces to solve the challenges facing our nation.”
About the second count of corrupt transactions magistrate Moshi said the court did not find any evidence showing that accused Mgasa received 2m/- from Wage.
He said the court expected the prosecution side would bring communication evidence and noted that the prosecution side had the ability to go to mobile phone companies and ask for a printout of messages between the accused and the witness.
Speaking in a telephone when asking the prosecution side led by senior state attorney Boniphace Stanslous his opinion, he said he would report to his boss (DPP), who would decide for the next step.
According to the charge sheet, it is alleged that on January 29, last year, in Dar es Salaam, the three accused and others not in court conspired to commit the offence of soliciting a bribe.
It is also alleged that on the same date at Sea Cliff Hotel in Dar es Salaam, the first accused (Muro) solicited a bribe of 10m/- from the then Bagamoyo municipal council accountant so that he would not cover him negatively on his TV programme.
It is further alleged that on the same date Mgassa and Kapama, at Sea Cliff Hotel in the city, pretending to be PCCB officers, started interrogating Wage for corruption while knowing it was unlawful.