DAR ES SALAAM: High Court judge to preside over Lwakatare`s case

BY KARAMA KENYUNKO.

Judge Lawrence Kaduri is set to preside over the hearing of the case facing the Director of Defense and Security for Chadema, Wilfred Lwakatare and his co-accused Joseph Ludovick at the High Court.

The move follows an application filed by Lwakatare’s defense team which includes: Peter Kibatala, Tundu Lissu, Nyaronyo Kicheere and Prof Abdallah Safari seeking for an order for revision of the Kisutu Resident Magistrate’s court proceedings, whereby on Tuesday this week, the High Court called the application ready for revision.

In their application they stated that, “any delay in determining this application will result in the continuation of illegalities complained of which will result in a derogation of the independence of the judiciary and ultimately Lwakatare’s right.”

In an affidavit to support the application, advocate Kibatala, stated that, on March 18 this year, Lwakatare and Joseph Ludovick were arraigned by the Kisutu Resident Magistrate’s court on charges of terrorism in Preliminary Inquiry (PI), criminal case number 37of 2013.

The charges allegedly committed on December 28, last year at King’ong’o, Kimara Stop Over area in Kinondoni District, were linked with harming a journalist named, Denis Msacky.  After having entered plea to the charges, Lwakatare’s advocates requested the court to grant him bail.

The court was set to deliver its ruling on March 20, this year but on the same day the Director of Public Prosecution (DPP) dropped the charges.

Senior Resident Magistrate Emmilius Mchauru subsequently set free both the accused after having received a ‘nolle prosequi’ certificate entered by the DPP.

Nevertheless, thereafter the duo was rearrested and the prosecution charged them with similar offences in PI No. 6 of 2013. In the application, Lwakatare’s advocates asked the High court to revise and or quash The Nolle Prosequi and the order determining the proceedings in PI Criminal case number 37 of 2013.

They also sought for orders that the ruling scheduled to be delivered by Mchauru which was irregularly pre-empted by the DPP’s nolle prosequi be delivered as scheduled.

Lwakatare’s defense team further asked the court to enter a finding that the procedure adopted by the DPP in entering a nolle prosequi when ruling was pending in the case No. 37 of 2013 was illegal, irregular and mounted to an abuse of judicial processes.

According to advocates, decision made by DPP was “an abuse of the prosecutorial powers and a derogation of the independence of the judiciary.”

 Lwakatare and Ludovick are charged with conspiracy to commit offences of maliciously administering poison and kidnapping as well as arranging and participating in a terrorist meeting. Lwakatare is facing an additional count of allowing his house to promote terrorism.

Both the accused are remanded at Segerea Prison and the case has been set for mention before Resident Magistrate Aloyce Katemana On April 3, this year.

 SOURCE: THE GUARDIAN (29/03/2013): http://www.ippmedia.com/frontend/index.php?l=52905