Dar es Salaam: Lwakatare case for hearing

By Rosina John, The Citizen Correspondent.

The High Court has set April 15 this year as the date when it will hear an application by Chadema’s defence and security director Wilfred Lwakatare. He is seeking a review of proceedings in two files at the Kisutu Resident Magistrate’s Court, an application which will be heard by Judge Lawrence Kaduri.

Mr Lwakatare’s lawyers filed the application a few days after the Director of Public Prosecution (DPP) dropped charges against him and Ludovic Joseph, but then re-arrested and charged them afresh.

In the application, the lawyers are asking the court to examine the record of proceedings in criminal case number 37 against Lwakatare. The charges were terminated consequent to the nolle prosequi by the DPP as was case number 6 instituted by the respondents. They want the court to satisfy itself as to the correctness, legality and/or propriety of the move. Further, they are asking the court to revise or quash a certificate by the DPP which dropped charges.

u court to deliver a ruling on bail application scheduled to be delivered by March 20 this year in the dropped case.

They asked the court to revise and/or quash proceedings in fresh case number 6 instituted after the DPP dropped the earlier case.

They also asked the court to order that the procedure used by the DPP to drop the charges when a ruling on the bail request was pending was illegal and amounted to abuse of the judicial process as well as prosecutorial powers and derogation of the independence of the judiciary.

Both Lwakatare and Joseph appeared before the Kisutu Resident Magistrate’s Court on March 18 this year, charged with four counts under the Terrorism Act.

The defence counsel asked the court to grant bail to their clients, but before the ruling was delivered the DPP entered the nolle prosequi under section 91 (1) of the Criminal Procedures Act and dropped charges against the accused.However, shortly after being discharged, the accused were re-arrested and charged afresh before resident magistrate Aloyce Katemana.

The accused were not allowed to enter any plea since the lower court has no jurisdiction to hear the case which will instead be heard by the High Court.

They were sent back to remand prison until April 3 this year when the case will come up for another mention.

They are charged with conspiring to kidnap and poison the managing editor of Mwananchi, Mr Dennis Msacky.

Source: The Citizen (02/04/2013): http://www.thecitizen.co.tz/news/4-national-news/30204-lwakatare-case-for-hearing