"Fiat Justitia Ruat Caelum"

RWANDA: Man arrested over defiling four-year-old

By Times Reporter


Police in Kirehe District are holding a 43-year-old man for allegedly defiling a four-year-old girl.

The girl, who was staying with her aunt, a neighbour of the suspect, was allegedly defiled on Monday. 

It is alleged the suspect, a resident of Ruhanga cell, Kigina sector, lured the girl as her aunt was inside the house, and took her to the nearby bush. 

The victim’s aunt said she heard her niece screaming and came to her rescue, but found the suspect had fled. 

Speaking from Kirehe Police Station where he is currently detained, the suspect confessed to the crime. 

Drug abuse cited

The District Police Commander, Superintendent Johnson Sesonga, condemned the inhuman act and attributed it to drug abuse. 

“I am requesting parents to offer protection to their children and ensure that they are not exposed to strangers. Parents are also to blame, partly, for such cases; they should not go to bars or market places leaving their children with no protection,” said Supt. Sesonga. 

“Usually such people have mental issues or are always under the influence of drugs. There is no way a normal person can commit such a crime. The community should also help us to identify such people who live with us,” he added. 

Police appealed to community to share timely information on such characters so that it can break the chain of illicit drugs, which authorities blame for crimes such as defilement, rape and assault.

Source: NT (28/02/2013): http://www.newtimes.co.rw/news/index.php?i=15282&a=64389

UGANDA: House begins debate on marriage and divorce Bill

By  Yasiin Mugerwa & Sheila Naturinda.

MPs yesterday began debating The Marriage and Divorce Bill, 2009 in an emotional session that divided the House along gender lines.

The contentious issues in the proposed legislation which seeks to consolidate the law relating to marriage and divorce, were primarily on whether cohabitation should be legalised in relation to property rights, and whether dowry and bride price should be abolished.

The Bill recognises rights of cohabiting partners in sharing property after termination of their relationship.

But the Committee on Legal and Parliamentary Affairs in its report presented by Maj. Sarah Mpabwa concluded that cohabitation is not a form of marriage recognised in Uganda.

While most of the women in the House said the Bill was long overdue, the men quoting from the Bible, expressed fears that if cohabitation, which they described as “immoral” is legalised, this might be the beginning of the end of the family unit.

“I am a victim of cohabitation and I know what it means. You have struggled for 50 years and someone is targeting your property, this is unfair and we should not allow this to happen. Cohabitation is immorality and how do you encourage prostitution when all religions are against this?” James Kakooza (NRM, Kabula) said.

Kawempe North MP Latif Ssebaggala warned the House against contradicting religious leaders in the country by recognising cohabitation. Uganda Joint Christian Council is against any attempts by Parliament to legalise cohabitation.

But Justice Minister Kahinda Otafiire said cohabitation is a “reality” and that marriage is a biological function based on emotions, and therefore the government drafted the new Bill to control human behaviour and protect women from injustices.

This Bill is a break-away from the original Domestic Relations Bill which was rejected by the Muslim Community, forcing Cabinet to separate the law for Muslims and Christians.

Source: Daily Monitor (28/02/2013): http://www.monitor.co.ug/News/National/House-begins-debate-on-marriage-and-divorce-Bill/-/688334/1706814/-/ppwik7z/-/index.html

Mexico president signs major education reform law

Brandon Gatto at 2:59 PM ET


[JURIST] Mexican President Enrique Pena Nieto [official website, in Spanish; BBC profile] on Monday signed into law the country's most expansive education reforms in seven decades. In a deal reached by Nieto's Institutional Revolutionary Party (IRP) [party website] and two opposition parties, the reforms will attempt to create a new system of school standards [AP report] for hiring and promoting teachers based on merit. While the president himself wrote [statement] simply that the "major purpose of this reform is to make education a force to transform Mexico," many suggest [Reuters op-ed] that the legislation intends to curb alleged abuses by the 1.5 million-member National Union of Education Workers (NUEW) [union website, in Spanish], which is the largest labor syndicate in Latin America and is said to control the country's education system. Simultaneously, the new reform seeks to help the country's struggling youth by increasing the number of Mexican students who finish middle school to 80 percent and the proportion of those who complete high school to 40 percent. Additionally, it will allow for the first census of the country's education system, and it will extend learning hours in roughly 40,000 public schools across Mexico.

On Tuesday, a day after Nieto signed the education reforms, controversial NUEW leader Elba Esther Gordillo was arrested [NYT report] for allegations that she embezzled approximately $200 million for personal expenses that include California houses, plastic surgery and artwork. Known as "La Maestra," Gordillo is considered a figurehead [BBC report] in the country's political scene and a powerful kingmaker throughout Mexico. In September, then-president-elect Nieto announced [JURIST report] a proposal for similar constitutional reforms that would increase government transparency. He also announced plans to propose a national anti-corruption commission. Nieto's presidential election victory was confirmed [JURIST report] in July, thereby making him the first member of the IRP in 12 years to serve as president.

Source: JURIST (27/02/2013): http://jurist.org/paperchase/2013/02/mexico-president-signs-major-education-reform-law.php

Bangladesh tribunal sentences Islamist leader to death


A war crimes tribunal in Bangladesh has sentenced Islamist leader Delwar Hossain Sayedee to death for crimes against humanity. His party, Jamaat-e-Islami, called strikes in protest of the verdict.

The court in the capital Dhaka found the Jamaat-e-Islami vice president guilty of mass killings, rape and other atrocities during Bangladesh's war for independence in 1971. Prosecutors reacted positively to the news on Thursday.

"The verdict has appropriately demonstrated justice. We are happy," state prosecutor Syed Haider Ali told reporters.

"Justice has been done to those who lost their loved ones at the hands of Sayedee," he said.


Delwar Hossain Sayedee is the third and the most senior politician to be convicted by the controversial tribunal.

Prime Minister Sheikh Hasina established the tribunal in 2010 to carry out investigations into war crimes committed during the armed conflict that claimed an estimated 3 million lives.

Critics, among them the Bangladeshi opposition, have accused the tribunal of bias and of serving as the prime minister's instrument against opponents in the two biggest opposition parties, the Bangladesh Nationalist Party (BNP) and the Jamaat-e-Islami.

In January, cleric Abul Kalam Azad was convicted in abstentia on charges of torture, rape and genocide in the struggle for independence. At least 10 other people are awaiting trial in similar cases.

Fighting broke out in early 1971 in a struggle for independence from Pakistan. With the aid of India, Bangladesh won its independence nine months later.

Islamist party Jamaat had called for strikes following the death sentence, but initial reports did not indicate whether demonstrations had begun.

kms/rg (AP, Reuters)

Source: DW (28/02/2013): http://www.dw.de/bangladesh-tribunal-sentences-islamist-leader-to-death/a-16634881

UGANDA: Rights body wants HIV Bill revised

By Mercy Nalugo


The Uganda Human Rights Commission (UHRC) has rejected some of the provisions in the controversial HIV/Aids Bill 2010, saying they are discriminatory and infringe on human rights.

Appearing before the parliamentary joint HIV/Aids and Health committees, which are currently scrutinising the Bill, the team from UHRC argued that the provisions on criminalisation of attempted or intentional spread of HIV/Aids, mandatory testing, and disclosure of one’s results without their consent was a violation of their rights.

The Bill, a private members’ initiative of the HIV/Aids committee, was handled by the 8th Parliament but was later shelved. 

It has now been re-introduced and the two committees are conducting public hearings.

The team led by UHRC Commissioner Amooti Katebalirwe Wairumba said Uganda was signatory to a number of international, regional, and national human rights standards relating to HIV/Aids, which should provide guidance to what should inform the Bill.

“Retaining the provisions on attempted and intentional transmission in an HIV/Aids specific legislation would be discriminatory against persons living with HIV/Aids. UHRC highly recommends and strongly urges that these provisions be deleted,” Mr Wairumba said.

The criminalisation

If enacted, the Bill would make intentional transmission of HIV/Aids an offense, punishable on conviction, by up to 10 years’ imprisonment 
UHRC said the Penal Code Act was sufficient enough to deal with the offenders. Section 171 of the Penal Code Act prohibits any negligent act likely to spread the infection.

“The internal guidelines on HIV/Aids and human rights recommend voluntary partner notification and provides for exceptions in narrow parameters,” the UHRC report noted.

Prof. Gilbert Bukenya (Busiro North) supported the activists, saying some of the provisions were uncalled for. He noted that there were several diseases leading to death and wondered why only HIV/Aids was being singled out.

Source: Daily Monitor (28/02/2013): http://www.monitor.co.ug/News/National/Rights-body-wants-HIV-Bill-revised/-/688334/1706804/-/bo381hz/-/index.html

RWANDA: Dutch court to rule in second Genocide trial

By Jean de la Croix Tabaro.


The Hague District Court is tomorrow expected to deliver a verdict for Yvonne Basebya, a Rwandan accused of Genocide crimes.

Remembered for singing the infamous extremist song, Tubatsembatsembe (let’s exterminate them) during the 1994 Genocide against the Tutsi, the 65-year old Basebya is accused of instigating and perpetrating genocide, according to Thijs Berger, the Dutch national prosecutor. 

Her trial started in 2010 in The Hague, Netherlands.

She has been living in the country since October 1998 where she got Dutch citizenship in December 2004.

“We learnt about her role in Genocide while investigating a case involving another suspect in 2008,” Thijs Berger told The New Times on Tuesday.

He said in Basebya’s trial, 70 witnesses of the prosecution mostly from Rwanda were interrogated from the ground of the offence.

Key role

Basebya allegedly played a key role in killing over 110 Tutsis who had sought refuge in Pallottines Church in Gikondo, a Kigali suburb.

Berger said the suspect, a former wife of Augustin Basebya, who was a Member of Parliament, was also an influential member of Coalition for the Defence of the Republic (CDR) extremist party.

Her husband is also being investigated for his alleged role the 1994 Genocide against the Tutsi. 

Incitement to kill

He added Ms Basebya instigated members of the Interahamwe militia to kill Tutsis through “gifts, promises, abuse of authority, violence or threat of violence.” She also allegedly drafted a list of Tutsis to be killed and used to head parades of the militia.

The Dutch prosecutor said in the trial that they demanded the court to hand Basebya life sentence.  

Basebya is the second Rwandan to be tried by courts in the Netherlands over Genocide charges. 

In July, 2011, a Dutch appeals court sentenced Joseph Mpambara to life in prison.

John Bosco Siboyintore, the head of the Genocide Fugitive Tracking Unit, told this paper that they trust justice in the Netherlands.

Years ago, a Gacaca court in Gikondo, Kigali, found Basebya guilty of genocide crimes and sentenced her, in absentia, to life in prison.

Source: NT (28/02/2013): http://www.newtimes.co.rw/news/index.php?i=15282&a=64388

MBEYA: Four nabbed over 20m/- ATM theft

Written by MERALI CHAWE in Mbeya.


FOUR people, including a Form Four student, have been arrested by Police in Rungwe District allegedly for stealing more than 20m/- using fake ATM cards at the Tukuyu Branch of the National Microfinance Bank (NMB).

The incident has occurred only a couple of day since a similar theft occurred in Mwanza Region where several suspects were arrested for stealing from an NMB branch using fake ATM cards. It is estimated that a total 700m/- have been stolen in various incidents. Rungwe District Commissioner Crispin Meela named the suspects as Joseph Peter (20) who finished Form Four last year in Bunda District, Mara Region.

The others are Juma Kabelo (28) and Miraji Ketaha (34) who are residents of Msasani in Tukuyu and Jumanne Magere (28), a resident of Vwawa in Mbozi District. Narrating the incident, Mr Meela said yesterday that he received a call from a good Samaritan informing him that there were four people who were drawing money frequently at the NMB and using many ATM cards.

"Furthermore, he told me that even the faces of those people are not familiar with people of Tukuyu, so I decided to call the Officer Commanding District (OCD)," he said.The DC said that when the suspects were arrested, police found them with 150 fake ATM cards and cash amounting to 20,543,200/- which they had already withdrawn from different bank accounts.

Mr Meela said that had the good Samaritan not informed police on the incident, the suspects could have withdrawn more money from the ATMs and caused huge losses to banks. He urged members of the community to report to police if they are suspicious of any wrongdoing in their areas.Mbeya Regional Police Commander (RPC) Diwani Athumani confirmed the incident but declined to give further details.

"I've told other reporters that I'll give you all the details of the incident tomorrow (today)", he stressed.Waves of thefts through ATMs have recently hit most banks, threatening security of the money  deposited by customers. Despite using high technology, foreigners are also linked to the syndicate of ATM thieves.

Meanwhile, Olympia Martin reports from  Arusha  that a mysterious fire broke out at Edmund Rice Sinon Secondary School at night on Monday, (February 25), reducing one of the girls' hostel buildings to ashes.Apart from a few injuries from panicking students, there have been no serious casualties, according to the Regional Police Commander, Mr Liberatus Sabas, even though various valuable properties have been destroyed at the institution which is owned and run by the Arusha Catholic Archdiocese.

"The fire erupted at between 8.00pm and 9.00 pm and lasted for two hours. Fortunately all students were in classrooms studying.  Nobody was in the building when the girls' hostel caught fire," said the Police Commander.Located in Terrat Ward, 12 kilometres south of Arusha City, it took time before both the fire brigade and the police reached the blazing Edmund-Rice Sinon Secondary School in pitch darkness. The area was experiencing a power blackout at the time.

The hostel sheltered 50 students who have suffered major losses because all their property has been gutted by the fire whose source remains a mystery.

One of the school officials, who preferred anonymity, said if there was electricity at least people would have thought the fire was caused by faults at the mains. But there was no power at the school throughout the day.

"The school power generator was on but it supplied electricity only to the classrooms where the students were studying. The rest of the compound was in pitch darkness," said the official.He added that it is still not known what or who caused the fire, something which also baffles the police here.

Some students who panicked or suffered minor injuries during the scramble to flee from classrooms, were rushed to the regional Mount Meru Hospital  but got discharged a few hours later.

Source: Daily News (27/02/2013): http://www.dailynews.co.tz/index.php/local-news/15042-four-nabbed-over-20m-atm-theft

Dar es Salaam: TCRA suspends operations of two radio stations

BY ABDALLAH BAWAZIR

Tanzania Communication Regulatory Authority (TCRA) yesterday suspended operations of two religious radio stations—Imani FM and Kwa Neema FM for six months for airing programmes, which the agency said, might breach peace.

The communication watchdog also banned a segment of Clouds’ FM radio programme dubbed ‘Jicho la Ng’ombe’ normally aired the station’s morning programme known as ‘Power Breakfast’.

Besides, the agency ordered all three radio stations to pay a fine of 5m/- within one month period over claims of provoking the breach of peace.

The regulatory authority, also took the opportunity to issue serious warnings to presenters who would go against the laws and regulations of broadcasting.

Speaking to journalists in Dar es Salaam yesterday, TCRA Content Committee deputy chairman Walter Bgoya said both Kwa Neema FM and Imani FM have been directed to commit themselves in writing that they will not repeat the mistakes.

He also cautioned that the regulators will not hesitate to revoke licenses of any radio station that will repeat the mistakes and commitments that they will submit in writing.

“We are warning all the three radio stations to ensure that their presenters do not use words which may provoke breach of peace while presenting because their licenses will be revoked for the benefit of the public,” he repeated.

Explaining reasons for suspending operations of Imani FM radio based in Morogoro Municipality, Bgoya said during the national population and housing census last year, it aired programmes meant to persuade Muslims not to take part in the national census.

He said this was contrary to the laws governing content of programmes.

As for Kwa Neema FM radio based in Mwanza City, he explained that it aired programmes aimed at encouraging Christians not to eat meat slaughtered by Muslims.

‘Jicho la Ng’ombe’ segment featured in Power Breakfast programme was banned because it supported homosexual marriages while knowing that there is no law supporting the practices in Tanzania, the chairman said.

Aired by Clouds FM, ‘Jicho la Ng’ombe segment’ sensitised Tanzanians to copy the US during their presidential elections last year whereby one of the priests was given a chance to pray, and he prayed for all people including homosexuals.  

TCRA warned Clouds FM’s management from establishing a similar segment in the programme saying by doing so they will be breaking the law and that stringent measures would be taken against them.

TCRA said every radio station was given a chance to defend itself but the content committee was not satisfied with their defense grounds and decided to punish them as per regulations.

For his part, Director for Radio Imani FM, Ali Ali Ajirani said he had received the directive from the regulator and he would deliver the message to the radio station’s top management. He said he would also inform the public of TCRA’s decision.

TCRA, which started operations on November 1, 2003, is the statutory regulatory body responsible for regulating communications and broadcasting sectors in the country as per the establishing Act No. 12 of 2003.

Recently there has been tension among Muslims and Christians following a dispute over who had the right to slaughter animals for consumption by members of the public.

Prime Minister Mizengo Pinda had to fly to Geita Region where he met Christians and Muslim leaders with a view to finding a lasting solution to the dispute.

Last year during the national population and housing census some Muslim believers refused be counted leading some of them to be arrested for allegedly boycotting and attempting to sabotage the exercise.

SOURCE: THE GUARDIAN (27/02/2013): http://www.ippmedia.com/frontend/index.php?l=51712

Dar es Salaam: Mramba 'disowns gold assayers'

Written by FAUSTINE KAPAMA

FORMER Finance Minister Basil Mramba  maintained that he never took part in the process that led to the procurement of M/S Alex Stewart (Assayers) Government Business Corporation, which was contracted to conduct audit of minerals exploration in Tanzania.

"I have already stated my position that I was not involved in this transaction," the ex-Cabinet minister told a panel comprising Principal Resident Magistrates John Utamwa, Saul Kinemela and Sam Rumanyika at the Kisutu Resident Magistrate's Court in Dar es Salaam.He was being cross-examined by Principal State Attorney Osward Tibabyekomya in the case in which Mramba is charged alongside two other former senior government officials, Daniel Yona and Gray Mgonja, who were Minister for Energy and Minerals and Permanent Secretary with Ministry of Finance and Economic Affairs, respectively.

During the hearing session, the State Attorney referred Mramba to a minute written by Yona on May 11, 2003, which was addressed to the President, informing him on the progress of the discussions between his ministry, Finance, Bank of Tanzania (BoT) and the Attorney General (AG) on the procurement of the Gold Assayers Company.

The minute, which is part of exhibits in the case, shows that the president gave a go-ahead to the parties to proceed with the discussions on the matter.

But when asked whether he was involved in the discussions, Mramba had this to say: "That is what the minute says. I never participated in the discussions with the Minister for Energy and Minerals."

Mramba also took his time to explain why his ministry had granted tax exemptions to Alex Stewart Company. According to him, tax exemption was granted to the company through a Government Notice (GN) Number 422 of December 26, 2003 because the company had massive investments on processing plants.

He told the court that such tax exemption was granted after considering public interests to the nation and the need of having a gold assayers company in Tanzania, following several complaints from stakeholders that the government was not getting the revenue it deserved in the mineral sector."The procurement of the gold assayers enabled the government to know exactly how much minerals were being explored, exported and the actual amount of revenue that it would get," he said.

Mramba, however, agreed with the prosecution that at the time he issued the GN in question, the Cabinet had not been informed of the contract the government was to enter with Alex Stewart Company. He said the Cabinet was briefed on the contract in February 2004.In the case, the three former government officials are charged with abuse of office and occasioning 11bn/-loss to government.

It is alleged that they committed the offences between August 2002 and June 14, 2004 in Dar es Salaam, by giving preferential treatments to M/S Alex Stewart (Assayers) Government Business Corporation.

Source: Daily News (27/02/2013): http://www.dailynews.co.tz/index.php/local-news/15043-mramba-disowns-gold-assayers

RWANDA: Ngoma herbalist held over death of patient

By Times Reporter


The arrest of the traditional healer, on Monday, followed tips to Police by residents, Police in Ngoma said. The suspect is detained at Sake Police Station, while the body of the victim was taken to Kibungo Hospital for post-mortem.

It is alleged that the victim, whom Police said is a resident of Gatsibo district, had spent more than two weeks at the suspect’s home.

Habinshuti is said to have been suffering from a mental ailment for about nine years. He allegedly visited the  traditional healer for treatment on February 7.

The District Police Commander, Christian Safari, said they first want to ascertain the cause of the victim’s death.

“He [the suspect] is not an accredited traditional doctor and it is the first time such a case is reported in the district,” said CIP Safari.

Traditional healers are accredited by the Ministry of Health after meeting the requirements to practice.

Source: NT (27/02/2013): http://www.newtimes.co.rw/news/index.php?i=15281&a=64363

UGANDA: Six airport workers arrested over smuggling Shs3b ivory

By Martin Ssebuyira


Police at Entebbe International Airport on Monday arrested six workers of Entebbe Handling Services Limited (ENHAS) for allegedly smuggling 422 kilogrammes of ivory worth Shs3.1 billion to Malaysia.

The booty intercepted at Malaysia’s capital Kuala Lumpur was sneaked out of Uganda last week.

“Security got information that five containers of ivory were loaded on a plane and came to intercept it but the plane was already on the taxi way ready to be air bound,” a source at the airport said.

Entebbe police investigations boss Tinka Zarugaba said they contacted the Malaysian police who aided them to impound the haul.

Mr Zarugaba said they first arrested the group present on duty that day because the company provides a range of ground handling services to regional and international airlines.

“We are still carrying out investigations because the racket could have been bigger taking on Aviation Security (AVSEC), Uganda police and customs among other people who inspect airport baggage,” he said.

Police declined to name the suspected owner of the booty, saying he could escape and jeopardise investigations.

Trade in ivory is prohibited in the East African region under the East African Community Customs Management Act 2005.

Elephants are an endangered species according to Convention of International Trade in Endangered Species.

A kilogramme of ivory costs $2,900 (about Shs7.2 million) In June 2011, the Uganda Revenue Authority staff seized 35 pieces of ivory worth $5,000 at Entebbe airport.

The ivory was packed in five metallic boxes destined for Malaysia to a yet-to-be identified trader and had been labelled as personal effects.

Source: Daily Monitor (27/02/2013): http://www.monitor.co.ug/News/National/Six-airport-workers-arrested-over-smuggling-Shs3b-ivory/-/688334/1705484/-/na6tp5/-/index.html

KENYA: Reprieve for Jubilee duo over Hague trials

By BERNARD NAMUNANE


Jubilee presidential candidate Uhuru Kenyatta and his running mate, Mr William Ruto, can now focus on their State House campaigns after The Hague prosecutor said their cases could as well start in August.

This means that if the Trial Chamber judges sanction the proposal by International Criminal Court prosecutor Fatou Bensouda, the trial dates will shift from April 10 and 11 to August, paving the way for Mr Kenyatta and Mr Ruto to execute their State House dream, even if the race goes to a run-off.

Lawyers for the two had argued nearly two weeks ago during the Status Conference that they were not prepared for the start of the trials on grounds that Ms Bensouda had shifted the scope of the cases and introduced new evidence.

Defence teams for their fellow ICC suspects Francis Muthaura and Joshua arap Sang advanced arguments along the same line, stating that the ICC prosecutor had ambushed them with fresh details which required time to prepare.

In her submission on Tuesday, Ms Bensouda dismissed the arguments of the defence teams, but said the April date could be pushed to August due to lack of courtrooms at The Hague and safety of witnesses.

“An August 2013 start date would therefore provide the defence with several months after receiving the delayed disclosure witnesses’ identities and unreducted materials to review those materials and conduct the associated preparations before trial begins,” she said.

She defended her office from accusations of failing to meet deadlines for disclosure of evidence and witnesses, saying that her team was ready for the trials.

“The prosecution is ready for trial and wishes trial to proceed. At the same time, the prosecution recognises that logistical constraints such as courtroom availability make a trial on April 11, 2013,

unlikely. Therefore, the prosecution does not object to a reasonable adjournment, to allow time for protective measures to be put in place for the witnesses whose identities remain to be disclosed and to provide the defence with adequate time to prepare,” she said.

Aware that her decision may not go down well with victims of the post-election violence, she was categorical that the Trial Chamber chaired by Judge Kuniko Ozaki should assure them that the trials will not delay.

“It is also important for the Kenyan public, and particularly the victims of the 2007-2008 post-election violence, to be assured that the trial will, in fact, commence in the coming months,” she said.

Mr Kenyatta, Mr Ruto, Mr Muthaura and Mr Sang are facing charges of crimes against humanity stemming from the 2007/08 post-election chaos in which 1,133 people were killed and another 650,000 displaced from their homes.

The case facing Mr Ruto and Mr Sang was set to begin on April 10 while that of Mr Kenyatta and Mr Muthaura was to take off the following day.

However, when their defence team went before the Trial Chamber judges Ozaki, Christine Van den Wyngaert and Chile Eboe-Osuji, they accused Ms Bensouda of “a massive violation of rules” by introducing new evidence and new witnesses without allowing them sufficient time to prepare.

They argued that a fair trial would be impossible unless they are allowed more time to prepare cases afresh.

Mr Karim Khan representing Mr Muthaura and Mr Stevens Kay, appearing for Mr Kenyatta, accused the Office of the Prosecutor of ambushing them with new evidence and witnesses at the 11th minute, leaving them with no time to prepare their defence.

They submitted that the prosecutor had engaged in blatant breach of professionalism and adoption of delaying tactics.

“We get to a situation where a fair trial is impossible not because of us but because of massive violation of rules of the Office of the Prosecutor. There is a pattern in this court where the Office of the Prosecutor is not taking its disclosure duties seriously,” Mr Khan told the Chamber.

Source: Daily Nation (26/02/2013): http://elections.nation.co.ke/news/Reprieve-for-Jubilee-duo-over-Hague-trials-/-/1631868/1705756/-/vgm0p3z/-/index.html

FRANCE: No ban on steamy DSK kiss-and-tell, court rules

A Paris court on Tuesday ruled against a ban of a steamy kiss-and-tell book about former IMF chief Dominique Strauss-Kahn by author Marcela Iacub, but said that it must include a disclaimer.


A graphic kiss-and-tell about disgraced former IMF chief Dominique Strauss-Kahn will not be banned, a Paris court ruled on Tuesday.

It also ruled that each copy of the book, and news magazine Le Nouvel Observateur, which last week published extracts, contain disclaimers.


The weekly magazine, the book's author Marcela Iacub and publishers Stock, must pay €75,000 in damages to Strauss-Kahn.

“It’s a decision that gives us satisfaction,” Richard Malka, a lawyer for Strauss-Kahn, told French news channel i>Télé.

Strauss-Kahn earlier filed legal action to block the release of the book that reveals, in steamy details, his 2012 romance with Parisian writer Iacub.

“Belle et bête,” which can be translated as “Beauty and the Beast” or “Beautiful and Stupid,” was due to hit book shops on Wednesday but a later publication date is now expected.

While Iacub sometimes expresses her admiration for Strauss-Kahn in her book, the work largely portrays him as an unfeeling, sexually-obsessed “half-man, half pig.”

Pleading with the court during the hearing on Tuesday morning, Strauss-Kahn said it was time to halt the “excesses” of book publishers and the press, which were “willing to do anything to make money”, according to Pascale Robert-Diard, a reporter from Le Monde.


“Is everything allowed in the quest to make money, to shoot a man who has already been pushed to the ground?” he asked judges.

Strauss-Kahn, 63, who was once considered the frontrunner of France’s 2012 presidential election, fell from grace in 2011 after an alleged sexual attack on a maid at a luxury Manhattan hotel.

Since returning to France he has been mired in legal proceedings linked to purported sexual crimes.

Even before its release, Iacub’s book has received wide attention in the French media.

While Iacub never mentions Strauss-Kahn by name, it is clear he is the leading man in the sordid love story. The former IMF boss filed an urgent motion against Iacub and her publisher, decrying a “violation of personal privacy”.

Source: FRANCE 24 (26/02/2013): http://www.france24.com/en/20130226-no-ban-steamy-dsk-kiss-tell-court-rules


Hungary Constitutional Court strikes down church law

Matthew Pomy at 11:09 AM ET


[JURIST] The Constitutional Court of Hungary [official website, in Hungarian] on Tuesday struck down [judgment, PDF, in Hungarian, press release, in Hungarian] a law that outlines how churches are given official designation, finding that it was too political. Under the law, only Parliament could give churches official status. The law did not contain an appeals process, and there was no justification for Parliament's decisions. The court called on [AP report] Parliament to address the problems with the law and pass new regulations that are more transparent and make it more difficult for groups that do not actually carry out religious activities to receive the benefits of a religious organization, including tax-free status and other government support, as well as the ability to collect donations.

Sixteen Hungarian churches called for the law to be repealed [JURIST report] in August 2011. Freedom House [advocacy website] sent a letter [text] to the Human Rights Commissioners of the European Commission and the Council of Europe [official websites] asking the international authorities to initiate action against Hungary, claiming the law violates Article 10 of the Charter of Fundamental Rights of the European Union and Article 9 of the European Convention on Human Rights [texts]. Freedom House also said the law is inconsistent with Hungary's constitution [press release] and condemned Hungary for passing the law.

Source: JURIST (26/02/2013): http://jurist.org/paperchase/2013/02/hungary-constitutional-court-strikes-down-church-law.php

Dar es Salaam: Court throws out Meatu seat appeal

Written by FAUSTINE KAPAMA 


THE Court of Appeal yesterday threw out an appeal lodged by a member of the ruling Chama Cha Mapinduzi (CCM), Renatus Masanja Salu, challenging election results for Mr Opulukwa Meshack Jeremia (Chadema) as Member of Parliament (MP) for Meatu Constituency.

Justices Edward Rutakangwa, Mbarouk Mbarouk and Katherine Oriyo ruled in favour of Mr Jeremia, the incumbent MP, after sustaining a ground of preliminary objection presented by his advocate, Mr Godwin Muganyizi.

Mr Muganyizi had submitted that the appeal was time barred because it was filed out of required 60 days from the day the appellant lodged the notice of appeal and that the certificate of delay found in the records failed to state the number of days to be excluded in compliance of the Court of Appeal Rules.

He referred to Rule 90 (1) of the Court of Appeal Rules, 2009, which provides, 'an appeal shall be initiated by lodging in the appropriate registry within sixty days of the date when the notice of appeal was filed with a memorandum of appeal, the records of appeal in quintuplicate and security for costs.'

In their ruling, the justices said the requirement for the Registrar to certify the time and more so to mention the number of days to be excluded for the preparation and delivery of a copy of proceedings, judgment and decree applied by the intended appellant was mandatory.

"We, therefore, agree with Mr Muganyizi that such a failure to mention the number of days to be excluded in the certificate of delay is incurable irregularity and renders it invalid," the judges ruled. They added, "Since there is no valid certificate of delay on records, this appeal ought to have been instituted by July 8, 2012 as the notice of appeal was lodged on May 9, 2012."

According to the judges, even if the certificate of delay was valid, all the same the appellant was supposed to lodge the appeal by August 18, 2012, but he filed on September 6, 2012. Hence, they concluded, the appeal was instituted out of the prescribed 60 days time.

In his appeal, Mr Salu was asking judges of the appeal court to quash the judgment given by High Court Judge Ferdinand Wambari on May 4, last year, and subsequently give an order for nullification of the election results for the Constituency.

The appellant was secretary and coordinator of all 2010 general election affairs for one, Salum Khamis Salum, who contested for the seat under CCM, but lost to Mr Jeremia. The CCM candidate secured 12,824 votes, while that of Chadema immerged winner with 13,850 votes.

Source: Daily News (26/02/2013): http://www.dailynews.co.tz/index.php/local-news/14994-court-throws-out-meatu-seat-appeal

Uganda: Bad Black sued over non-payment of legal fees

By Agencies


Embattled city socialite Shanita Namuyimbwa, also known as Bad Black, has been sued for allegedly failing to pay legal fees amounting to over Shs162 million.

Bad Black was sued by HM Onoria Advocates, a law firm that claims to have offered her legal services before the Court of Appeal and claims she never honoured her contract with them. The suit was filed on Tuesday before the High Court in Kampala.

The law suit is in connection legal fees she allegedly defaulted to pay after being represented to secure bail to enable her fly to Dubai to have her breast implants removed.

The Anti-Corruption Court in July 2012 convicted and sentenced Black to four years in jail for embezzling over 11 billion shillings from Daveshan Development Company Ltd, a real estate company belonging to her lover.

She has since appealed against the judgment.

On October 17 last year, Black entered into an agreement with the law firm to help her secure bail, pending the hearing of her appeal. Late last year, court released her on bail so she could fly to Dubai.

She has apparently not returned to the country since, and the Court of Appeal has since cancelled her bail and ordered her rearrested. The court says she deceptively secured bail after she changed sureties without its knowledge.

Court documents show that Black and the law firm agreed to have the legal fees in question paid two weeks upon her release on bail.

But the law firm claims that despite several reminders and promises by Black to pay the legal fees, nothing has come forth, hence this suit against her for breach of contract.

The law firm now wants the court to compel Black to pay the said legal fees and also the costs of the suit.

The Court registrar, John Eudes Keitirima, has summoned Black to file in her defense within 15 days from the date of receiving the summons before a hearing date can be fixed.

Source: Daily Monitor (26/02/2013): http://www.monitor.co.ug/News/National/Bad-Black-sued-over-non-payment-of-legal-fees/-/688334/1705172/-/g2ikaj/-/index.html

Tanzania: AG moves to block sale of ATCL House

Written by FAUSTINE KAPAMA


THE Attorney General (AG) has intervened in a dispute surrounding the sale of the Air Tanzania Company Limited (ATCL) building by filing an application at the High Court's Commercial Division, seeking to be joined in the case to protect government's property.

Parties to the case appeared before presiding Judge Robert Makaramba when Principal State Attorney Gabriel Malata showed up, on behalf of the AG, to express the government's position on the matter. "The ATCL building is a government property.

Surprisingly, the AG was not involved in the case since the beginning, while the parties knew the litigation involved government property.

"We are now asking to be joined so that we defend government's interests," Mr Malata told the 'Daily News' later after the court session. The judge has set March 1, this year, as the date for hearing of the application.

The building, which is the subject matter in the case, is situated on Ohio Street in Dar es Salaam City centre. In the case, Leisure Tours and Holidays Limited is pushing for payments of over 1.2bn/- from ATCL being a debt that arose from the car rental services it had provided.

Through its advocate, Jerome Msemwa, the company had applied for attachment and sale of the building to recover the money, but Judge Makaramba directed that an evaluation should be carried out first to determine its value before issuing any other order.

The report on the evaluation exercise was to be filed in court on February 19, this year, but the tour operator company failed to do so, on claims that the ATCL management had refused to allow the appointed valuers to perform their duties effectively.

But the ATCL Acting Managing Director, Captain Milton Lazaro, described the claims as baseless. He said no one was denied access into the building to conduct the evaluation as ordered by the Court. "We cannot go against the court order.

I have not seen such people coming here for the inspection and denied them access. I even asked my colleagues whether there were such people who came and denied entrance. So it is not true," the acting MD was quoted as saying.

It was alleged that on January 16, 2008, the ATCL admitted an outstanding amount of 313,759 US dollars and made a commitment to settle the amount in three installments from February to April 2008. But later, through a letter, the tour operator company adjusted the amount unpaid to 321,016 US dollars.

On March 31, 2008, according to the plaint of the suit, the tour operator company demanded from the ATCL a sum of 367,097 US dollars due to further invoices rendered in the period between January 17 and March 31, 2008, plus interests of two per cent.

But ATCL responded through e-mail dated March 31, confirming inability to pay the amount. On May 30, 2008, the amount accrued and ATCL acknowledged the outstanding amount of 418,305 US dollars and offered to pay 30,000 US dollars on June 6, 2008 and 5,000 US dollars every week on Friday's thereafter.

The tour operator company agreed to the ATCL proposal and demanded an interest of 1.5 per cent per month on the outstanding amount. By e-mail, the tour operator company notified ATCL on June 20, 2008 of the irregularity of paying installments, which it had promised and by February 3, 2009, the amount accrued to 596,382 US dollars. Leisure Tours and Holidays Limited, thereafter, filed the suit demanding payments.

Source: Daily News (26/02/2013): http://www.dailynews.co.tz/index.php/local-news/14997-ag-moves-to-block-sale-of-atcl-house

BP accused of greed as Deepwater Horizon trial opens


US prosecutors have placed most of the blame for a 2010 oil spill in the Gulf of Mexico on petroleum giant BP. The accusation came on the first day of a trial to determine liability for the disaster.

A US Justice Department lawyer opened the trial on Monday by accusing the London-based corporation of putting profit margins ahead of safety, something he argued, led to the disaster.

"The evidence will show that BP put profits before people, profits before safety and profits before the environment," Mike Underhill said in an opening statement. "Reckless actions were tolerated, sometimes encouraged by BP to squeeze every dollar," he added. "Every fork in the road, BP chose time and money over safety in the operation of what (one rig worker) called the 'well from hell.'"

The defense lawyer representing BP conceded that the oil giant had made mistakes, but sought to deflect much of the blame to two other companies involved. Mike Brock accused the company that owned the rig, Transocean Ltd. of failing to properly maintain something called a blowout preventer. He also pointed the finger at cement services contractor Halliburton, saying it had used a “bad slurry,” which failed to prevent oil and gas from travelling up the well.


BP said it had already spent or committed up to $37 billion (27.8 billion euros) on cleanup, restoration, payouts, settlements and fines, including more than $4 billion in penalties. In this civil case, being heard in New Orleans, it is seeking to prove that its actions did not amount to gross negligence under the US Clean Water Act.

If it fails to convince US District Judge Carl Barbier, who is hearing the case without a jury, BP could be ordered to pay tens of billions more. The other two companies involved could face a similar fate.
The judge said he planned to hear the trial in three phases, the first of which was to determine what caused the oil spill, and to what extent, if at all, the companies were to blame.


The attorney general for the state of Alabama, Luther Strange, said he would seek to prove that each of the companies had acted with "gross negligence and willful misconduct."

"We will ask the court at the end of this trial to rule that all three – BP, Transocean, and Halliburton - are liable for punitive damages to the state of Alabama," he said.

The second phase of the trial would seek to determine how much crude flowed into the Gulf of Mexico, while a third, which isn't expected to start until next year, would consider damages.

An explosion on BP's drilling platform Deepwater Horizon killed 11 workers and released millions of barrels of oil into the Gulf of Mexico on April 20, 2010. It took almost three months to contain the blowout.

As well as causing extensive environmental damage along the US gulf coast, the oil spill negatively impacted tourism and fishing industries across several states.

pfd/lw (Reuters, AFP, AP)

Source: DW (26/02/2013): http://www.dw.de/bp-accused-of-greed-as-deepwater-horizon-trial-opens/a-16628114


Philippines president signs law to compensate victims of martial law abuses

Dan Taglioli at 11:10 AM ET


[JURIST] Philippines President Benigno Aquino III [official website] on Monday signed legislation to compensate the victims of human rights abuses committed 27 years ago under the regime of former president Ferdinand Marcos [JURIST news archive]. The Human Rights Victims Reparation and Recognition Act of 2013 [text, PDF] will allocate 10 billion pesos (USD $246 million) in reparations for approximately 10,000 victims [Manila Times report] eligible to claim compensation based on abuses that took place from the time Marcos instated martial law in 1972 until he was overthrown in 1986. Over the next six months eligible individuals may submit applications for reparations to the nine-member Human Rights Victims Compensation Board, appointed by the president, which will evaluate and award claims based on a point system. Aquino signed the law on the twenty-seventh anniversary of the EDSA People Power Revolution [Philippine History backgrounder], which was led by his mother, former president Corazon Aquino, and overthrew US-backed Marcos. During that period Aquino's father, the late Senator Benigno Aquino Jr. was detained for months and later assassinated in Manila, making Aquino's family eligible to receive some of the funds, but Corazon Aquino has already stated that the family will not seek monetary reparations, merely official recognition of the tragedy. The reparations will be funded by money recovered from Swiss bank accounts [BBC report] secretly maintained by Marcos during his 20 years in power and transferred to the Philippine government by the Swiss Federal Supreme Court in 1997. Marcos died in exile in Hawaii in 1989.

The Philippines House of Representatives and Senate [official websites] ratified the bicameral conference committee report on the reconciled version of the law in late January, a few days after the congress approved the final version of the bill [JURIST report] during its second reading. The Philippines has struggled in terms of addressing human rights issues from the Marcos regime to as recently as the 2009 Maguindanao Massacre [CSM backgrounder; JURIST news archive] and the resulting political controversies. Earlier in January a 150-day ban on guns [JURIST report] was instituted to prevent election violence. In December the Philippine Congress officially criminalized [JURIST report] enforced disappearances, which were commonly used during the Marcos era. In November Amnesty International [advocacy website] called on the Philippines to do more to protect witnesses [JURIST report] in the Maguindanao Massacre trial. Also in November the Philippines Supreme Court [official website] denied the media [JURIST report] the right to broadcast the Maguindanao massacre trial.

Source: JURIST (25/02/2013): http://jurist.org/paperchase/2013/02/philippines-president-signs-law-to-compensate-victims-of-martial-law-abuses.php

Dar es Salaam: Prosecution winds up in Ponda case

Written by DAILY NEWS Reporter 


THE prosecution side closed its evidence yesterday in the trial of Secretary General of the Council of Islamic Organization, Sheikh Ponda Issa Ponda and 49 other accused, pending at the Kisutu Resident Magistrate's Court in Dar es Salaam.

Senior State Attorney Tumaini Kweka told presiding Resident Magistrate Victoria Nongwa that after fielding 17 witnesses, the prosecution would not wish to call more witnesses to the stand to substantiate the claims against the accused.

In the case, the accused are charged with conspiracy, trespass and criminal possession of property owned by Agritanza Limited on a plot situated at Markaz, Chang'ombe area, in Temeke District.

Other charges, according to the prosecution, include stealing building materials from Agritanza Limited including 1,500 bricks and 36 tonnes of aggregate and iron bars, all worth 59.6m/.

The offences are alleged to have been committed on October 12, last year. Following the prosecution's move, the parties would meet before the magistrate on February 27, to present their oral submissions on whether the accused have a case to answer or not.

If found with a case to answer, the accused would be required to start calling their witnesses in, to dispute the charges preferred against them by the prosecution. Most of the witnesses testified for the prosecution, included alleged owners of the plot in dispute and police detectives who either participated in the arresting of the accused or interrogated them after being apprehended.

In one of the court sessions, a prosecution witness and counsel for the accused locked horns on whether the case against Ponda, a Muslim sheikh and his colleagues, was criminal or civil. While advocates Juma Nassoro and Tahaya Njama, for the accused, claimed that the case had all elements of civil by its nature, the witness, Senior Superintendent of Police (SSP) Ame Anange Anoqie, maintained to the contrary that the matter falls squarely in the criminal ambit.

The heated debate among the lawyers and the witness was fuelled by the latter's testimony in his evidence in chief that the accused forcibly took possession of a plot known as Markaz in Temeke District, while they had no single document to support their action.

However, in cross-examination, the two lawyers, on different occasions, alleged that the police were informed of the aim by the accused going at the area as to rescue Muslim properties, thus the matter should have been referred to any Land Tribunal.

Source: Daily News (26/02/2013): http://www.dailynews.co.tz/index.php/local-news/14998-prosecution-winds-up-in-ponda-case

Suspected killer of Tunisian politician arrested: police

By AFP 


The suspected killer of leftist opposition figure Chokri Belaid, a leading critic of Tunisia's ruling Islamists whose murder sparked a political crisis, was arrested on Monday, police sources said.

They said the suspect was arrested along with an alleged accomplice, both members of the radical Muslim Salafist movement. The main suspect, a 31-year-old furniture maker, was arrested in the Carthage suburb of Tunis.

The second man was allegedly the getaway motorbike rider for the lone, hooded gunman who shot dead Belaid, 48, at close range in front of his Tunis home on February 6, two police officers told AFP.

They said the arrests were carried out on the strength of the testimony of a woman who had witnessed the killing and has since been placed under police protection.

Several online media also reported the two arrests, but the interior ministry spokesman was unreachable for comment.

Interior Minister Ali Larayedh, who has been tapped to form a new government in the face of the deepening crisis sparked by Belaid's killing, said last week that arrests had been made.

"The investigation has not led yet to identify the killer, those behind the murder and its motives," said Larayedh, refusing to elaborate or disclose the number of arrests.

Belaid's family has blamed the ruling Ennahda party for being behind the killing, an accusation the Islamists have vehemently denied.

The assassination triggered days of unrest as people took to Habib Bourguiba Avenue, epicentre of the 2011 uprising that toppled ex-dictator Zine El Abidine Ben Ali, exacerbating a long-running political crisis in Tunisia.

On the day of the murder, prime minister Hamadi Jebali proposed the formation of a government of technocrats as a way out of the crisis. But the initiative was rejected by his own Ennahda party, leading to his resignation.

Source: Yahoo News (26/02/2013): http://uk.news.yahoo.com/suspected-killer-tunisia-opponent-arrested-police-201955591.html

TANZANIA: AG makes U-turn on Dar hotel sale case

Written by FAUSTINE KAPAMA


THE Attorney General (AG) has withdrawn his objection seeking dismissal of the constitutional case filed by Reverend Christopher Mtikila to oppose the government’s decision to sell the building currently housing the Court of Appeal, formerly known as Forodhani Hotel.

The withdrawal of the AG’s notice of objection allows the outspoken politician (Mtikila) to field evidence before a panel comprising High Court Judges John Utamwa, Fauz Twaib and Zainab Mruke, to challenge what he called controversial sale of the building along Kivukoni Front to an investor.

The ‘Daily News’ was the first media outlet in the country to report on the matter in August 2011. The decision to sell the building stemmed from a need to pave the way for the extension of Kilimanjaro Kempinski (now Hyatt Regency) hotel.

“After careful consideration of the relevant laws and facts, the respondents have decided to withdraw the preliminary objections in the records,” reads part of the AG’s letter dated February 15, 2013, signed by State Attorney Richard Kilanga that has been filed at the High Court in Dar es Salaam.

In the case, the AG represents the Minister of Justice and Constitutional Affairs and Chief Justice of United Republic of Tanzania, while Mpoki and Associates are appealing for Rev. Mtikila, who is the national Chairman of Democratic Party (DP). The case has been set for mention on March 12.

The AG had advanced two grounds in his notice of objection to the hearing of the case and had requested the judges to “strike out” the matter because the petitioner (Mtikila) has violated some provision of the Basic Rights and Duties Enforcement Act, when filing the petition in question.

Rev. Mtikila is against the government’s decision to change the use of the building, initially preserved for its valuable national heritage. He is asking the court to declare that the respondents have constitutional duty and mandate to protect and preserve all properties of valuable national heritage as they are assets of the State under Article 27 of the Constitution.

He is further seeking orders that the respondents’ act or intended act of allocating the Forodhani Hotel Building to an investor or developer in disregard of the Public Procurement Act and its Regulations is in breach of Article 27 of the Constitution. Article 27 (1) reads, “Every person has the duty to protect the natural resources of the United Republic, the property of the State authority, all property collectively owned by the people, and also to respect another person’s property.”

Rev. Mtikila alleges in the petition that the building, formerly called Dar es Salaam Club,has been unequivocally declared as a conservation building for its valuable heritage due to its historical, architectural and cultural value vide a Government Notice (GN) number 498 of 1995.

“The intended act by the government of allocation and demolition of the building is in violation of the spirit of the Antiquities Act as it intends to destroy, spoil, disfigure, thereby erasing the history of the nation (in that it, among others) did host the first preindependence Gala Dinner,” Mtikila explains.

However, in his defence, the AG disputes some of Mtikila’s claims, including that of allocation of the plot and its buildings to the developer to cause the pulling down of another historic monument and value for future generations of the country, contrary to governing laws and the expectation of the society.

“On selling the Antiquity (Forodhani Hotel building) the government will highly benefit from the money which will be used in the development activities in our country. The respondents have adhered to the provisions of Public Procurement Act and Disposal of Public Assets by tender,” the AG further responds.

In addition, the AG alleges that the Forodhani Hotel building was no longer an antiquity in law following an amendment of the schedule to the principle notice, by deleting the structure, which was the first item in the list, thus the decision of the government to sell the building did not violate the Antiquities Act.

Source: Daily News (25/02/2013): http://www.dailynews.co.tz/index.php/local-news/14984-ag-makes-u-turn-on-dar-hotel-sale-case

Tanzania: Five in court for chopping albino woman’s hand

Written by PETI SIYAME in Sumbawanga.

 FIVE people have appeared before the Sumbawanga Resident Magistrate’s Court facing two charges of conspiring and attempting to murder a woman living with albinism, Maria Chambanenge (39), a resident of Mkoe in Miangalua Village.

The five accused who appeared before the court presided by Ms Rosaria Mugissa, are Peter Kazanda alias Kaponda (53), a traditional healer , who resides at Miangalua Village; Linus Silukala (42) and Mtogwa Suleiman (30, a petty trader at Soko Matola area in Mbeya City.

Other accused are Gabriel Yohana, who is Maria’s husband and his younger brother Gaudensi Yohana (39), both residents of Mkoe area at Miangalua Village in Sumbawanga District. However, all accused denied the charges but trial magistrate, Ms Mugissa remanded them in custody until March 6, this year, when the case will come up for another mention after they failed to meet bail conditions.

The court had required them to each have three sureties, all residing in Sumbawanga Municipality. That each surety has to deposit to the court 3m/- bond and one of them must be a public official. Earlier, the prosecutor charged before the court that the five conspired and attempted to murder Maria Chambanenge by chopping off her left hand and disappeared with it before burying it in the nearby forest at Miangalua Village.

They further alleged that the accused committed the crime in midnight of February 11, this year, at Mkoe area in Miangalua Village when they invaded the house in which the victim was fast asleep and attacked her by chopping her left hand and disappeared with it.

It was further alleged before the court that Linus Silukala arrived in the village and established friendship with Gabriel, the husband of Maria and enticed him to chop off the hand of his wife and take it to a traditional healer, who has power to enrich them.

Gabriel them enticed his younger brother Gaudensi into committing the crime and thereafter they consulted the traditional healer, whom together buried the hand at a nearby forest in Miangalua Village while waiting to seal a deal with Mtongwa, a petty trader from Soko Matola area in Mbeya City.

Source: Daily News (22/02/2013): http://www.dailynews.co.tz/index.php/local-news/14915-five-in-court-for-chopping-albino-woman-s-hand


Dar es Salaam: Court differs on Sheikh Ponda’s case

Written by FAUSTINE KAPAMA


LAWYERS and a prosecution witness on Thursday locked horns at the Kisutu Resident Magistrate’s Court in Dar es Salaam on whether the case against Secretary General of the Council of Islamic Organization, Sheikh Ponda Issa Ponda and his colleagues, was criminal or civil.

While advocates Juma Nassoro and Tahaya Njama, for the accused, claimed that the case had all elements of civil by its nature, the witness, Senior Superintendent of Police (SSP) Ame Anange Anoqie, maintained to the contrary, saying that the matter falls squarely in criminal ambit.

The heated debate among the lawyers and the witness was fuelled by the latter’s testimony in his evidence in chief that the accused forcibly took possession of a plot known as Markaz at Chang’ombe area in Temeke District, while they had no single document to support their action.

“I was forced to believe that the accused committed criminal offences because responsible land authorities evidenced that the legal owner of the plot was Agritanza Limited. But when the accused were asked to produce any document to prove ownership they failed to avail any,” SSP Ame said.

However, in cross-examination during the trial presided over by Resident Magistrate Victoria Nongwa, the two lawyers, on different occasions, alleged that the police were informed of the intended action by the accused of going to the area to rescue Muslim properties, thus the matter should have been referred to any Land Tribunal.

“Don’t you see that you rushed to file a criminal case instead of taking the matter to proper court responsible of determining land disputes? For sure in this case there is a dispute on legal ownership of the plot,” Advocate Njama asked the witness.

But in his response, SSP Ame, who works in the office of the Criminal Investigation Department in Temeke Police Region, told the court that there was nowhere the police went wrong in opening criminal charges against the accused, considering circumstances surrounding the matter.

In the case, Sheikh Ponda and his 49 co-accused are charged with conspiracy, trespass and criminal possession of property owned by Agritanza Limited on a plot situated along Markaz, Chang’ombe area, in Temeke District. Other charges, according to the prosecution, include stealing building materials from Agritanza limited, including 1,500 bricks and 36 tonnes of aggregate and iron bars, all worth 59.6m/.

The offences are alleged to have been committed on October 12, last year. In his brief testimony led by Senior State Attorney Tumaini Kweka, the witness narrated that on October 12, last year, while in his office he was informed by his subordinates that they received a complaint from one person that some people have invaded his Chang’ombe plot.

According to him, he instructed his men to inquire about the legal owner of the plot in dispute. He said his men informed him that the Office of Temeke Municipal Council, Land Division, confirmed that the legal owner of the plot was Agritanza Limited.

He told the court that it was at that point when the police concluded that an offence of criminal trespass has been committed and therefore they decided to go at the plot in question at night to arrest the alleged invaders. Hearing of the case continues today.

Source: Daily News (22/02/2013): http://www.dailynews.co.tz/index.php/local-news/14906-court-differs-on-sheikh-ponda-s-case

S. Africa: Oscar Pistorius bail decision expected


A South African judge is expected to rule in the next few hours whether Oscar Pistorius, accused of murdering his girlfriend, can be freed on bail.

The Paralympic sprinter denies murder, saying he shot Reeva Steenkamp thinking she was an intruder at his home.

His defence says contradictory evidence given by a detective has undermined the prosecution's case.

The prosecution, however, argues there is a risk the athlete may abscond and bail should be refused.

Police on Thursday replaced their lead detective in the case, Hilton Botha, after it emerged he faced attempted murder charges.

South Africa's most senior detective, Lt Gen Vineshkumar Moonoo, will now take charge of the investigation.

Prosecutors say Mr Pistorius fired four shots through a locked toilet door as Ms Steenkamp cowered on the other side. She was hit in the head, arm and hip.

The athlete - dubbed the "Blade Runner" for his prosthetic limbs - insists he was acting in self-defence, mistaking his girlfriend for an intruder.


In a third day of testimony at the Pretoria court on Thursday, defence and prosecution lawyers offered their final arguments.

Lead defence lawyer Barry Roux said contradictory evidence given by Det Botha on Wednesday had undermined the prosecution's case.

Mr Roux said: "The poor quality of the evidence offered by investigative officer Botha exposed the disastrous shortcomings of the state's case."

The defence counsel said the fact that Mr Pistorius had carried Ms Steenkamp downstairs showed he was desperate to save her life.

Mr Roux added that the "known forensics is consistent" with the sprinter's version of events, and that a post-mortem examination showed Ms Steenkamp had an empty bladder at the time of her death.

That would indicate she visited the bathroom of her own accord, rather than to escape her boyfriend, he said.

The defence also asked for the charge of premeditated murder to be downgraded.

'Prone to violence'

Prosecutor Gerrie Nel, however, told the court that Mr Pistorius should not be granted bail simply because he is famous.

He branded Mr Pistorius a man "prone to violence" who threatened Ms Steenkamp and eventually killed her.

He was critical of Mr Pistorius's sworn affidavit read to the court on Tuesday. He said the athlete had a history of violence and described him as "willing and ready to kill".


In an extraordinary turn of events early on Thursday it was revealed that investigating officer Det Botha faced seven counts of attempted murder.

The claims refer to a 2009 incident in which he and other officers allegedly opened fired on a minibus taxi carrying seven passengers when the driver apparently disobeyed an order to stop.

The detective is expected to appear in court in May.

National police commissioner Mangwashi Phiyega later announced that Lt Gen Moonoo would take over the Pistorius case.

Gen Moonoo will work with the police chief in Gauteng province on a case Ms Phiyega said required attention "at a national level".

Ms Phiyega denied that the decision to replace Det Botha was embarrassing for the police. He has not been suspended and could remain a potential witness in any trial.

If denied bail, Mr Pistorius could face months in prison before a full trial begins later this year.

Source: BBC News (22/02/2013): http://www.bbc.co.uk/news/world-africa-21543284





Kenyan Woman gets 6 years in US jail for assaulting 90 year old man

By BEN MJ MURIITHI in Atlanta.


A Kenyan woman has been sentenced to six years in a US jail for physically abusing an elderly man. Anastasia Olouch, 59, pleaded guilty in a Maryland court Thursday to three counts of abuse and neglect of a vulnerable adult. She had been charged with attacking Johnny Taylor, 90, who was under her care in 2007.

The savage attack on the sickly old man caused a public uproar as it was caught on tape. Taylor’s daughter, Jackie Taylor, had installed a secret camera to establish the quality of care her father was receiving.

She monitored the house for more than three weeks, during which Ms Oluoch was recorded hitting the old man on the stomach and arms several times. She turned over the tape to the police who acted swiftly, arresting Oluoch and charging her with assault and reckless endangerment.

Ms Oluoch was released on bail on July 31 2007, but failed to turn up for the hearing. She had posted a US $5,000 bail and was originally set to go on trial on August 8, 2007, but she jumped bail and fled to Kenya. Immigration records show she left the US the same day she was released from custody.

The US government subsequently lodged a request to the Kenyan government for her extradition culminating in a joint coordinated effort between Interpol, the Baltimore Police Department and the Kenya Police.

Former Attorney General Amos Wako authorised proceedings against the fugitive and a warrant of arrest was issued by the Nairobi Chief Magistrate’s Court. Last year, Oluoch was extradited back to the US to face the charges. She pleaded not guilty in October but changed her mind on Thursday.

Taylor’s daughter told reporters outside the Baltimore Courthouse that she was very happy that justice had been served. “I know my dad is smiling in heaven because his daughter did not let him down,” she said.

Mr Taylor died in 2009.

Prosecutors said having the video helped them secure what could have been a difficult win in court.

"These vulnerable victims are not the best witnesses for obvious reasons, so to have video is extremely helpful," Baltimore City State's Attorney Gregg Bernstein said.

But what appeared to be a slam-dunk case, turned into an international problem for prosecutors.

A spokesman for the Baltimore City Police Department told the Nation that it was the first time they had been able to extradite someone internationally and secure a conviction, “this is a first for our department,” said Mr Julie Pitocchelli.

After Olouch fled back to her native Kenya before she could stand trial, It took five years for police to track her down.

Source: Daily Nation (22/02/2013): http://www.nation.co.ke/News/-/1056/1701280/-/wrgb05z/-/index.html

UGANDA: Four Mukula activists arrested

By Agencies


Four members of the Etem Iteso subcommittee of Mukula 118 who were picked up on Wednesday evening, have been taken to unknown locations.

The arrested include former Amuria chairperson Julius Ocen, speaker of Soroti Municipality Honorant Okello, former NRM district treasurer Jonathan Ebwalu and former Soroti County MP candidate Jimmy Oriokot.

The four were picked up ahead of a fundraising drive for the jailed former health minister and Soroti Municipality MP Mike Mukula.

Mr Ocen was picked up from Shell fuel station in Soroti by security agents who had trailed his vehicle from Soroti Hotel where he attended a meeting.

Mr Ebwalu and Mr Okello were detained when they went to Soroti Police Station to inquire about their arrested colleagues.

Ms Ruth Ocen, the wife to Mr Ocen, said she received information from some security agents that her husband was transferred to Bukedea Police Station, while Mr Okello, Mr Oriokot and Mr Ebwalu were held in Kumi District Police Station.

Suspects ‘missing’

She said she went to Soroti Police Station to check on her husband, but was told he was not there. The relatives of the other suspects also visited several police stations but did not find them.

Mr Juma Hassan Nyene, the Kyoga East Police spokesperson, declined to reveal where the suspects are being held, but stressed that they are in police custody.

Earlier on, Mr Nyene said the suspects were wanted in connection to their utterances on radio last month, claiming that President Museveni was responsible for the suffering of people in Teso region.

Source: Daily Monitor (22/02/2013): http://www.monitor.co.ug/News/National/Four-Mukula-activists-arrested-/-/688334/1700986/-/uf1drr/-/index.html

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