Dar es Salaam: DPP to contest bail to accused in Dar collapsed building case

Written by FAUSTINE KAPAMA.

THE Director of Public Prosecutions (DPP) plans to challenge the ruling by the Kisutu Resident Magistrate's Court, granting bail to 11 people accused of manslaughter linked to a high-rise building that collapsed in Dar es Salaam recently.

The DPP, Dr Eliezer Feleshi, said the move was aimed at clearing the position of the legality of the decision by the magistrate to grant bail on matters beyond the court's jurisdiction.

"We might not have been aggrieved, but the prosecution wants to put things clear and straight," the DPP told the 'Daily News' here over the weekend. "There are decisions given by Court of Appeal in certain cases, which direct that all issues triable by the High court should be determined and settled by the same court.

We want to get the common position on all cases, other than murder, that are tried by the High Court," he said. Earlier this month, Senior Resident Magistrate Devota Kisoka granted bail to the accused persons charged with manslaughter having being persuaded by a High Court in 2008 on a similar matter.

In that case, the magistrate noted, the High Court ruled that lower courts have jurisdiction to grant bail on bailable offences that are triable by the Court. She, therefore, proceeded to grant bail the accused persons on conditions of securing two reliable sureties with identification letters that will be approved by the court.

According to the magistrate, each accused person was required to surrender their passports or any travel document to the police. She further ordered each accused not to leave the city without getting an express permission from the court.

The accused in the case are the owner of the building, Raza Hussein Ladha, 68, Goodluck Silvester Mbanga, 35, a resident of Mbezi Luis, Wilbroad Wilbard Mugyabuso, 42, who resides at Tandika and Ibrahim Mohamed, alias Kisoki, 59, a businessman who comes from Goba.

Others are Mohamed Swaburi Abdulkharim, 61, a businessman from Tabata, Charles Salu Ogera, 48, an engineer residing at Kinyerezi, Zonazea Anange Oushoudada, 60, a consulting engineer living at Ubungo and Vedasto Ferdinarnd Ruhola, 59, a quantity surveyor staying at Mbezi Kimara.

The rest are Michael Loth Hema, 59, an architect, residing at Kijitonyama, Albert Jonas Munuo, an assistant registrar with Architects and Quantity Surveyors Registration Board (AQRB). They were arraigned for the first time to answer 24 counts of negligence and manslaughter on April 3, 2013.

They were not allowed to enter any plea to the charges because the case will be tried by the High Court. The defence had forcefully requested the court to grant them bail, alleging that it was their basic right. They cited Section 148 (1) of the Criminal Procedure Act (CPA), which empower the court to do so.

But the prosecution had objected to the request, submitting that the matter has been prematurely brought to the court as investigations on the case have not been completed and the DPP has not filed any information regarding the case at the High Court. Reading the charges, Senior State Attorney Bernard Kongola told the court that the accused committed the offences on March 29, this year, along Indira Ghandi Street in Ilala District in the City.

The accused are alleged to have unlawfully killed Yusuph Mohamed Shafiq Khari, Kulwa Khalfan, Hamada Mussa, Kessy Ally Manjapa, Hamis Zuberi Mkomwa, Boniface Bernard, Suhail Ally Mohamed Karim, Salman Salim Akbar, Seleman Haji, Seleman Mtego, Sikudhani Mohamed and Ahmed Salum Mirambo.

Others killed in the shocking incident were Salum Issa Mapunda, Selemani Rashid Mnyani, John Mtyani Majewa, Mussa Ally Munyamani, David Severin Helman, William Joackim, Abdulhaman Othman Mwiha, Emanuel Christian, Mmanyi Jumanne Ngadula, Advai Mpinge Desiki, Emanuel Grayson Wahai and Augustino Kanisius Chuma.

Source: Daily News (29/04/2013): http://www.dailynews.co.tz/index.php/local-news/16876-dpp-to-contest-bail-to-accused-in-dar-collapsed-building-case