Court postpones Badwell’s graft case

THE Kisutu Resident Magistrate’s Court in Dar es Salaam postponed delivering its ruling for staying proceedings in the bribery case against the Member of Parliament for Bahi, (CCM), Omary Ahmed Badwell (43) to April 4, this year.

Senior Resident Magistrate Hellen Riwa said she was not able to deliver the ruling as it was not yet ready. Badwell, through his advocate, Mpale Mpoki, has asked the court to stay the hearing of the case, pending determination of a constitutional petition filed at the High Court.

The advocate had told the court that his client lodged the petition on December 5, last year, at the High Court to challenge the law which prohibits anybody to appeal or apply for revision against an interlocutory decision.

Interlocutory decision is one issued by a court, which does not dispose of the case or determine rights of the parties to the litigation to finality.

According to Mr Mpoki, they have asked the High Court to declare unconstitutional Act Number 25 of 2005 for contravening Article 16 (6)(a) of the Constitution, which give the right to anybody to appeal against any decision.

The advocate submitted further that they decided to take the matter to the High Court because the Kisutu Court had no jurisdiction to entertain constitutional matters.

“If we shall proceed with this trial here, this court will be contravening the rights offered to my client under the Constitution. It is better we stay the hearing of this case, pending hearing and determination of the Constitution by the High Court,” he submitted.

In her response to the submissions, the prosecution, led by Lizy Kiwia, from the Prevention and Combating of Corruption Bureau, objected to the request on grounds that the case filed at the High Court was new and had nothing to do with that accused person is facing.

“The case against the accused person involves corruption. It is quite different with that filed at the High Court. I do not see how the two proceedings could affect one another,” she told the magistrate.

After hearing the arguments from the parties, the magistrate said she would deliver her ruling on the request on March 5.

It is alleged that the MP from the ruling party and a member of the Parliamentary Local Authority Accounts Committee (LAAC), solicited a sum of 8m/- from Ms Sipora Liana, who is District Executive Director (DED) for Mkuranga.

Being a member of a parliamentary oversight committee, the legislator allegedly asked for the bribe so as to lobby fellow committee members to give a clean bill of health to the council's budget report.

The court heard that the MP allegedly received one million shillings from Ms Liana at Peacock Hotel in Dar es Salaam on June 2, 2012.

It is alleged further that the accused committed the offence between May 30 and June 2, 2012 at different locations.

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