The Court of Appeal in Tanzania has overturned a death sentence and acquitted two men, John Simon and Paul Mashauri, who were found guilty of murdering mineral trader Josiah Mathesula. The appellate court cited critical flaws in the prosecution's evidence, which led to the acquittal of the two men. They were sentenced to hang after being found guilty by the Shinyanga Zone High Court on April 30, 2024.
The Court of Appeal's ruling, delivered on September 21, 2026, by a three-judge bench comprising Justice Panterine Kente, Dr Paul Kihwelo, and Dr Juliana Masabo, upheld defence arguments that the call log evidence presented by the state was deeply contradictory. The prosecution had claimed Mathesula was murdered on February 27, 2018, but telecom records showed he continued communicating with John on February 28, 2018.
The murder allegedly occurred in Kashishi Village, Busega District, Simiyu Region, where Mr Simon, a close friend of the deceased, reportedly owed Mr Mathesula money. The prosecution alleged that Mr Simon recruited Mr Mashauri for Sh5 million to commit the murder using a penknife. The victim's body was decapitated, placed in a sack, and abandoned in a burned car within the Serengeti National Park.
During the trial, the Republic presented 15 witnesses and digital tracking evidence to link the appellants to the crime. However, both defendants maintained their innocence. Mr Simon argued he had no motive to kill a friend who previously acted as his police guarantor, while Mr Mashauri testified he was at home in Ukerewe and did not even know Mr Mathesula before their arrest.
Delivering the verdict, Justice Kente noted that the case rested entirely on circumstantial evidence and failed to form an unbroken chain of guilt beyond reasonable doubt. The court also dismissed the testimony of a key prosecution witness, revealing he had spent four years in custody as a co-suspect before being released via a nolle prosequi, rendering his uncorroborated statements untrustworthy.
The court further ruled that the \"last-seen\" doctrine did not conclusively place Mr Mathesula with the victim before his death. Consequently, the court quashed the murder convictions, set aside the death sentences, and ordered the immediate release of both men. The acquittal brings an end to a case that had been ongoing since 2018.
The case highlights the importance of thorough investigations and the need for solid evidence in capital punishment cases. The acquittal of John Simon and Paul Mashauri serves as a reminder of the crucial role of the appellate court in ensuring justice is served.
Key points
- The Court of Appeal acquitted two men of murdering mineral trader Josiah Mathesula due to flaws in prosecution evidence.
- The case rested entirely on circumstantial evidence that failed to form an unbroken chain of guilt beyond reasonable doubt.
- The appellate court's ruling highlights the importance of thorough investigations and solid evidence in capital punishment cases.
