Dar es Salaam: Lwakatare case drags on, reporters denied court access

BY KARAMA KENYUNKO.

The media were yesterday barred from hearing the proceedings of the dramatic case levelled against the Chadema Defence and Security director Wilfred Lwakatare and his co-accused Joseph Ludovick.

Initially, Lwakatare and Ludovick appeared at the Kisutu Resident Magistrate’s Court on March 18, this year and were charged with four counts including terrorism. It was opened in the Preliminary Inquiry (PI), criminal case number 37/2013. 

They were also charged with conspiracy, maliciously administering poison and kidnapping as well as arranging and participating in a terrorist meeting.

But in an unexpected move, the Director of Public Prosecution (DPP) dropped the charges by entering a ‘nolle prosequi’ certificate (a legal entry that says the party will no longer proceed) and so the two accused were released.

But shortly thereafter, they were rearrested and the prosecution charged them with similar offences (PI No. 6 of 2013). However, defence then filed with the High Court in Dar es Salaam requesting it to revise and or squash the nolle prosequi and the order determining the proceedings in PI Criminal Case Number 37 of 2013.

This is application that was being heard in yesterday and presided over by Justice Lawrence Kaduri, but in another dramatic turn of events, reporters were prevented from entering the Judge’s office where the proceedings were being held.

The prison guards that prevented press access claimed that the chamber room was too small and that it was already full and there was no space to accommodate more people. 

Nonetheless, one reporter was permitted entry and in turn they passed the information to the rest.

State Attorney Prudence Rweyongeza, assisted by Peter Maugo and Ponsiano Lukosi explained that the reason they quit and then reopened the case was that they filed the nolle prosequi in the wrong register in the primary court instead of the register in the High court.

Defence Kibatala assisted by Tundu Lissu challenged the terrorist allegations against his clients saying according to him, there is no presented evidence to that fact and so he asked the court to disregard the charges.

Prosecuting, Rweyongeza however argued that it is still too early to provide the charges because the case is still under investigation and that thereafter there might be changes.

Judge Kaduri adjourned the case and will give the ruling at a time yet to be released. The accused remain in custody. 

SOURCE: THE GUARDIAN (16/04/2013): http://www.ippmedia.com/frontend/index.php?l=53601