Magistrate, prosecutor trade verbal jibes in Dar es Salaam

A MAGISTRATE at Kisutu Resident Magistrate's Court in Dar es Salaam on Thursday disqualified himself from hearing the case involving four people, including Immigration Department official Shemweta Kiluwasha and a prominent musician, Chigwele Che Mundugwao, after a verbal confrontation with a prosecutor.

It all started when the case was called for consideration of bail and the magistrate, Aloyce Katemana, expressed his concern over the late arrival at the court of a prosecutor, Senior State Attorney Ladislaus Komanya.

The magistrate also showed that he was annoyed by the conduct of the prosecutor who attempted to mislead the court by citing a wrong provision when the parties were arguing an application for bail to the accused persons.

The trial attorney, in his response to the magistrate's concerns, first requested the court to record him that he has attended the session and later on told the magistrate that he should not talk too much on the matter.

Advocate Peter Kibatala, who is defending the accused persons, intervened asking the prosecutor to just offer his apology for coming late to court, but the prosecutor remained quiet. It was at that juncture that the magistrate felt marginalised and decided to disqualify himself from hearing the matter.

He adjourned the case to today for the accused to wait reassignment of another magistrate. A day before reaching the decision, the magistrate rejected the prosecution's objection to bail the four accused persons, Kiluwasha, Che Mundugwao and two others, Kenneth Pius, an Engineer with Fire and Rescue Department and Ally Jabir Ally, a businessman, charged with forging and stealing 26 passports.

He ruled that the certificate by the Director of Public Prosecution (DPP) that had been presented in court to support the prosecution's request was not properly filed. The magistrate, therefore, proceeded to grant bail to the accused persons on conditions of securing two reliable sureties.

He also ordered the accused persons to surrender their travel documents before the court. The case comes today for verification of bail conditions. Reading the charges, the prosecutor had told the court that at an unknown time and place in the city, the four people conspired to commit an offence.

He told the court that between April 16 and May 10, this year, at Immigration Department offices at Kurasini in Temeke District, being employed in public service, Kiluwasha stole 26 passports valued at 1.3m/-, property of the government, which came into his possession by virtual of his employment.

"Between April 16 and May 10, 2013 at Kurasini in Temeke District, Che Mundugwao, Pius and Ally stole 26 passports valued at 1.3m/-, property of United Republic of Tanzania," the prosecutor alleged.

According to him, on May 30 this year, at Yombo Makangalawe in Temeke District, without lawful excuse, Che Mundugwao, a board member of the Tanzania Music Federation (TMF), was found in possession of 12 passports belonging to other persons.

Mr Komanya alleged further that on May 13, this year, at the same area, without lawful authority, Che Mundugwao was found in possession of two valid passports bearing his name. Furthermore, the prosecution told the court that on April 22, this year, at unknown place in the City, Che Mundugwao and Pius forged a passport (number AB 651929), purporting to show that it was genuinely issued by the Immigration Department of Tanzania.

"On April 24, 2013 at an unknown place in Dar es Salaam, Ally Jabri Ally forged passport (number AB 651966) purporting to show that it was genuinely issued by the Immigration Department of the United Republic of Tanzania," the trial attorney alleged. In addition, Mr Komanya claimed that between 2007 and 2011 in Dar es Salaam, Kiluwasha forged a rubber stamp, purportedly showing that it was genuinely issued by the Fire and Rescue Department of Tanzania.

Source: http://www.dailynews.co.tz/index.php/local-news/18357-magistrate-prosecutor-trade-verbal-jibes-in-dar