Dar es Salaam: Lwakatare denied bail, returned to remand prison

Written by FAUSTINE KAPAMA.

HOPES by the Director of Defence and Security of the opposition Chama Cha Demokrasia na Maendeleo (Chadema), Wilfred Lwakatare, to be released on bail on Monday vanished, when a magistrate refused to entertain his application before a Dar es Salaam Court.

“I am not the magistrate involved in this case,” Resident Magistrate Sudi Fimbo said at the Kisutu Resident Magistrate’s Court in the city when lawyers for Lwakatare appeared before her to seek bail for their client.

“I have recorded all what you have submitted. The magistrate involved in this case is on leave and once he comes he would read the court file and determine your application,” the magistrate said. The case against Lwakatare is before Resident Magistrate Aloyce Katemana.

One of the lawyers, Peter Kibatala had earlier submitted that following the decision by the High Court to nullify terrorist charges against Lwakatare, the Kisutu Court was vested with powers to grant bail to the remaining one count against him of conspiracy to commit an offence.

“We believe in the case file there is a copy of the decision of the High Court ruling regarding the nullification of terrorist charges against the accused. Though the trial magistrate is on leave, we pray for bail to be granted to our client,” the advocate, flanked by Prof Abdallah Safari, argued.

He submitted that the offence charged was bailable and the accused have been in custody for so long and that Lwakatare was sick. Such request was vehemently opposed by Senior State Attorney Prudence Rweyongeza.

The state attorney submitted that the application has been prematurely filed as no information regarding the case have been filed with the Director of Public Prosecution before the High Court.

However, in her brief ruling, Magistrate Fimbo directed the applicants to wait the consideration of the matter until the magistrate charged with the matter comes back from his leave. She ordered Lwakatare to be remanded until May 27, when the case will be mentioned.

The lawyers appeared to be aggrieved by the magistrate’s decision and expressed their intention to bring to the attention of the magistrate in-charge of the court or cross over to the High Court for immediate intervention.

In the case Lwakatare and one Joseph Ludovick are charged with conspiring to administer poison to Dennis Msack, the Managing Director of a private owned newspaper.

According to the prosecution, the two accused conspired to maliciously administer poison with intent to harm Mr Msacky on December 28, last year, at King’ong’o, Kimara Stop Over in Kinondoni District, in the city.

On May 8, this year, High Court Judge Lawrence Kaduri dismissed the terrorist charges against the two accused after holding that the offences instituted do not show elements of terrorism as the law required.

He explained that the charges must be sufficient to give reasonable information as to the nature of offence charges.  The judge held, therefore, that there was an error in framing the charges against the accused persons.

Source: http://www.dailynews.co.tz/index.php/local-news/17411-lwakatare-bail-application-hits-snag