"Fiat Justitia Ruat Caelum"

Two Tanzanians charged in Egyptian court

Dar es Salaam. Two Tanzanians have appeared in court in Egypt to answer charges of possessing heroin weighing seven kilograms. They were arrested at the Cairo International Airport two weeks ago.

Speaking to The Citizen yesterday, head of the Information Department in the ministry of Foreign Affairs, Mr Mkumbwa Ali, said that the Tanzanian embassy in Egypt had confirmed the arrest of Ms Sharifa Musa Mahmud, a resident of Ilala, in Dar es Salaam and Mr Mbaraka Abdalah Tamim, a resident of Magomeni.

Ms Mahmud was found holding the passport of Oman, however, Mr Ali said.

‘‘We have official reports about the arrest of these two Tanzanians who were carrying heroin to Asia and were arrested in Egypt two weeks ago,’’ said Mr Mkumbwa.

A video showing Ms Mahmud being searched by Egyptian police was spread in social networks four days ago.

According to Egyptian laws a person caught with drugs is sentenced to death. There were reports that the duo was to be hanged yesterday.

But Mr Ali disputed the veracity of the reports saying the case against the two Tanzanians has only been mentioned once in court and the ruling was yet to be issued.

Source: http://www.thecitizen.co.tz/News/Two-Tanzanians-charged-in-Egyptian-court/-/1840392/1874574/-/tojmvp/-/index.html

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

Rape suspect buried alive in Bolivia

A man suspected of rape has been buried alive by villagers in the southern highlands of Bolivia.

Police had identified the 17-year-old as the possible culprit in the rape and murder of a 35-year-old woman near the municipality of Colquechaca.

The chief prosecutor says more than 200 furious local people seized Santos Ramos and buried him in the grave of his alleged victim.

He says residents blocked roads into the village to stop police arriving.

A reporter for a local radio station, who would only speak anonymously for fear of reprisals, told the media that Mr Ramos was tied up at the woman's funeral.

He said mourners threw him into the open grave alongside the woman's coffin and filled the grave with earth.

Colquechaca is a town of about 5,000 inhabitants some 207 miles ( 333 km) south-east of the Bolivian capital, La Paz.

Correspondents say lynchings sometimes happen in isolated, poorer parts of Bolivia, where police and other authorities are scarce.

Source: http://www.bbc.co.uk/news/world-latin-america-22811105

UP DSP murder case: CBI files chargesheet, Raja Bhaiya not named

LUCKNOW: The CBI on Friday filed a chargesheet before the special court in the murder of Kunda DSP Zia-ul Haq without naming former minister Raja Bhaiya, who was an accused in the FIR filed by the officer's wife.

CBI sources, however, clarified that probe into the alleged role of Raja Bhaiya is still open and the agency might file a supplementary chargesheet if his role surfaces at a later stage.

They said CBI has mentioned in the chargesheet that brother of village head Nanhe Yadav, who was shot dead before Haq, was killed by gun shot from his own weapon in a scuffule which took place after the arrival of police at the crime scene.

The sources said CBI has booked Babloo Yadav, son of Nanhe, his two brothers among others for allegedly killing the DSP.

On Thursday, the agency had moved an application in the court of special CBI judge Mirza Zeenat seeking permission to conduct polygraph test on the former food and civil supplies minister with his consent.

The court has fixed June 11 as the next date of hearing on the application.

Haq was shot dead on March 2 in Balipur village in Kunda area of Pratapgarh district where he had gone to probe murder of village head Nanhe Yadav.

Haq's wife Parveen Azad had accused Raja Bhaiya of conspiracy after which he had to resign from the Cabinet on March 4.

Source: http://timesofindia.indiatimes.com/india/UP-DSP-murder-case-CBI-files-chargesheet-Raja-Bhaiya-not-named/articleshow/20474599.cms

Zambia ex-president barred from leaving country, again

Zambian immigration authorities on Friday blocked former president Rupiah Banda from leaving the country for the third time in nearly two months.

Banda, who is facing corruption charges, was stopped from boarding a flight to South Africa despite a High Court order releasing his passport.

"We did all the airport formalities but surprisingly an immigration officer came and said he had instructions from above not to allow president Banda to travel," his press aide Kennedy Limwanya told AFP.

"We showed him a court order but he still said he could not allow us."

Banda was set to fly to South Africa on a morning flight for a conference, after the High Court ruling on Thursday.

His planned trip has been marred by hiccups after a magistrate's court refused to return his passport, which he had to surrender after being re-arrested in April on corruption charges.

Banda, who ruled Zambia from 2008 to 2011, when he lost power to current President Michael Sata, has been appearing in court over a string of corruption allegations.

Parliament voted to strip him of his presidential immunity in February.

He was stopped from travelling to Kenya on April 9 to attend Uhuru Kenyatta's presidential inauguration, and last month was blocked from travelling to Ethiopia for an African Union summit.

Source: http://www.nation.co.ke/News/africa/-/1066/1875032/-/15bj8wqz/-/index.html

Kampala: Lukwago goes to court over plans to impeach him

The battles in Kampala Capital City Authority (KCCA) are not about to end.

Barely 24 hours after the Minister for Kampala, Mr Frank Tumwebaze, appointed a three-man tribunal to investigate issues raised in a petition by a group of councillors against Lord Mayor Erias Lukwago, the latter has petitioned court seeking an injunction against the actions of the former.

In a petition lodged at the Constitutional Court, Mr Lukwago says the minister did not accord him the right to be heard which is in contravention of the Constitution.

Mr Lukwago alleges that the minister has been part of the undertakings at KCCA all of which were included in the petition and, therefore, cannot constitute a commission at which he will also appear as a witness.

Going against Parliamentary rules

He further added: “I asked Parliament to investigate the issues that have paralysed the operations of the Authority and the same continues to be investigated but the minister is circumventing the parliamentary process by pursuing an illegal petition of the said councillors.”

Last month, about 17 city councillors petitioned the minister seeking to impeach him on allegations of incompetence, failure to convene authority meetings, among others.

Mr Lukwago, however, said the number does not meet the two-thirds of all councillors as required by the KCCA Act.

“There are supposed to be 35 councillors and because the authority is not fully constituted, that petition cannot stand,” he added.

Source: http://www.monitor.co.ug/News/National/Lukwago-goes-to-court-over-plans-to-impeach-him/-/688334/1874988/-/h1yjlez/-/index.html

Jagan DA case: CBI springs a surprise, seeks arrest of two former Andhra ministers

HYDERABAD: In a surprise move, signalling a major setback for chargesheeted former ministers Dharmana Prasada Rao and Sabita Indira Reddy, the Central Bureau of Investigation (CBI) on Friday sought the arrest of the two accused on the grounds that they could influence witnesses if they are free. 

The CBI filed a memo to this effect in the trial court urging the two to be sent to judicial custody. The development took place when the two former ministers along with all the other accused in the disproportionate assets case involving Jaganmohan Reddy appeared before the court as per the summons that were served on them.

Apart from the two former ministers, those who made a personal appearance included accused number one Jagan and Mopidevi Venkata Ramana, another former minister who is accused number five in the Vanpic land allotment aspect of the Jagan assets case. 

According to sources, the CBI memo states that Dharmana and Sabita have been telling the media that they are innocent and would come out clean in the end. Therefore, they need to be questioned on this claim and could be saying it because of influencing the witnesses and should be sent to judicial custody, the memo said. 

Dharmana Prasada Rao was revenue minister in the YSR regime and has been charged by the CBI with doling out undue land allotment to the Vanpic project. He was charged in August last year. Sabita was mines minister in the previous regime and has been charged with doling out land and limestone leases illegally to Dalmia Cements company. She was charged in April this year. 

Both the ministers had resigned from the Kiran Kumar Reddy cabinet soon after they were charged but their resignations were forwarded to governor E S L Narasimhan for acceptance only on may 26 this year. 

CBI sources said arguments will take place on the memo that the investigative agency filed in the trial court on Friday after which the judge would announce his verdict. If he goes by the CBI plea, Dharmana and Sabita could end up in jail very soon. 

Friday's development came as a shock for the two former ministers as they had expected to only make an appearance, pay a surety, and leave. The CBI's memo came as a bolt from the blue and although there is no immediate threat of arrest for them, Dharmana and Sabita are expected to hold an emergency meeting with their lawyers to negotiate the new move of the CBI. 

Source: http://timesofindia.indiatimes.com/india/Jagan-DA-case-CBI-springs-a-surprise-seeks-arrest-of-two-former-Andhra-ministers/articleshow/20474436.cms

US: Apple clashes with Amazon in e-book case

Apple attorneys in the US antitrust case on e-books went on the offensive Thursday, attacking the credibility of government witnesses and seeking to debunk key elements of the government's case.

Apple attorneys grilled a trio of witnesses from Apple rival Amazon and undertook a bruising cross-examination of a Google executive.

Apple attorney Howard Heiss peppered Amazon executives during a series of contentious exchanges with skeptical questions on Amazon statements about its business profile and pointed out inconsistencies between Amazon testimony and documentary evidence.

Amazon is very "metrics-focused," Heiss said to Amazon's vice president for Kindle Russell Grandinetti during a cross examination.

Grandinetti had previously testified that he did not know Amazon's market share of the e-books market.

"We were a very large seller of e-books," Grandinetti said, while denying he could estimate Amazon's market share.

Heiss then presented a news article quoting another Amazon executive estimating the company's market share at 70-80 per cent.

Amazon is a key witness in the government's case, which maintains that Apple conspired with publishers to orchestrate a transformation of the e-book market in early 2010 that cost consumers hundreds of millions of dollars.

In entering the market, Apple signed a series of "agency" model contracts with publishers, in which publishers set the price and guaranteed Apple a 30 per cent commission.

Prior to Apple's entry, the e-book industry was dominated by Amazon and run on a "wholesale" model where retailers set the prices. Amazon charged $9.99 for bestsellers prior to Apple's entry into the market.

Part of the government's case is that Apple and publishers forced Amazon to switch to the agency model, resulting in higher prices.

Apple attorneys sought to show that Amazon faced an increasingly difficult market in late 2009 and early 2010 in which publishers were already planning hardball tactics -- even before Apple's entry.

Amazon's pricing model was unpopular not only with publishers, but also with agents and authors who worried about the erosion of intellectual property.

Grandinetti confirmed that by the end of 2009 four of the "Big Six" publishers announced plans to "window" bestselling books, meaning they would delay release of the Amazon e-book for a period of months until after the release of the physical book.

As five of the major publishers signed agency models with Apple, they contacted Amazon to renegotiate terms.

The first negotiation was with MacMillan Chief Executive John Sargent, who presented Amazon with the choice of shifting to an agency model or accepting a wholesale model with windowing for seven months.

"We expressed quite strongly how unpalatable the choice was," Grandinetti said of his encounter with Sargent. "The meeting was very tense."

Read More: http://www.nation.co.ke/News/world/Apple-clashes-with-Amazon-in-e-book-case/-/1068/1874706/-/upuyqw/-/index.html

Reports on surveillance of Americans fuel debate over privacy, security

(Reuters) - The debate over whether the government is violating citizens' privacy rights while trying to protect them from terrorism escalated dramatically on Thursday amid reports that authorities have collected data on millions of phone users and tapped into servers at nine internet companies.

The White House spent much of the day defending the National Security Agency's secret collection of telephone records from millions of Americans as a "critical tool" for preventing attacks, as critics called the program - first reported by Britain's Guardian newspaper - a heavy-handed move that raised new questions about the extent of the U.S. government's spying on its citizens.

At day's end, the flap over the NSA's mining of data from customers of a subsidiary of Verizon Communications was overtaken by a Washington Post report that described an even more aggressive program of government surveillance.

The Post reported that the NSA and the FBI have been tapping "directly" into the central servers of leading U.S. internet companies to gain access to emails, photographs, audio, video, documents, connection logs and other information that enable analysts to track a person's movements and contacts over time.

Some of the companies named in the article - Google, Apple, Yahoo and Facebook - immediately denied that the government had "direct access" to their central servers. Microsoft said it does not voluntarily participate in any government data collection and only complies "with orders for requests about specific accounts or identifiers.

James Clapper, the director of national intelligence, said the report contained "numerous inaccuracies."

Washington Post spokeswoman Kristine Coratti said the paper stood by its report, which was based on an NSA document that it published online.

Taken together, the reports suggested that U.S. domestic surveillance, long acknowledged to have become more prevalent since the September 11, 2001 attacks, was far more extensive than the public knew.

The Post said that the secret program involving the internet companies, code-named PRISM and established under Republican President George W. Bush in 2007, had seen "exponential growth" during the past several years under Democratic President Barack Obama.

The Post said an NSA report had found that the agency "increasingly relies on PRISM" as its leading source of raw material, accounting for nearly 1 in 7 intelligence reports.

Technology companies taking part in the program, the Post said, include Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple.

Clapper indicated that Thursday's reports were indeed significant but disputed the notion that government agents could use such data without a specific investigative purpose in mind. He also said the program does not allow the government to listen in on anyone's phone calls.

"The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans," he said in a statement.

FUEL FOR CRITICS

The reports on Thursday drew attention to U.S. authorities' use of a secret federal court, the U.S. Foreign Intelligence Surveillance Court, which reviews and approves investigators' requests to conduct extraordinary surveillance in national security cases.

The NSA surveillance programs are among thousands of operations approved by the court in the years since the 9/11 attacks. Under federal law, Congress is briefed about the court's actions.

For civil libertarians and other critics of expanded secret surveillance, Thursday's revelations amounted to a reminder of how the 9/11 attacks increased the government's reach into Americans' daily lives.

"These revelations are a reminder that Congress has given the executive branch far too much power to invade individual privacy (and) that existing civil liberties safeguards are grossly inadequate," said Jameel Jaffer, deputy legal director of the American Civil Liberties Union.

As Obama arrived in California late on Thursday for a summit with China's new president, Xi Jinping, it was clear that administration officials were sensitive to such criticism.

A senior administration official emphasized that although the activities of people in the United States are included in the data being amassed by the government, the surveillance programs may target for investigation only non-Americans living outside the country.

The surveillance program "was recently reauthorized by Congress after extensive hearings and debate," the official said. "Information collected under this program is among the most important and valuable intelligence information we collect, and is used to protect our nation from a wide variety of threats."

'IT'S CALLED PROTECTING AMERICA'

Before the Post's report on the internet companies was published, leading members of Congress - who routinely are briefed by the NSA on secret surveillance programs, and were again on Thursday - defended the agency's efforts to build a database of phone records for use in investigations. They said the program had been going on for seven years.

Republican Mike Rogers of Michigan, chairman of the House of Representatives Intelligence Committee, said the surveillance effort had stopped a "significant" attack plot within the United States, but did not give details.

"It's called protecting America," added Senator Dianne Feinstein, a California Democrat who heads the Senate Intelligence Committee.

But there also was a diverse group of Republicans and Democrats - some who knew about the program and its scope, others who apparently did not - who blasted the gathering of such a huge database of details about Americans' phone habits as an unwarranted intrusion.

"The United States should not be accumulating phone records on tens of millions of innocent Americans. That is not what democracy is about. That is not what freedom is about," said Senator Bernie Sanders, a liberal independent from Vermont.

Conservative Republican Senator Rand Paul of Kentucky called the program "an astounding assault on the Constitution" and said the Obama administration "had sunk to a new low."

The Wall Street Journal reported that the NSA's monitoring of Americans includes customer records from AT&T Inc and Sprint Nextel Corp in addition to Verizon, as well as emails and Web searches. The agency also has cataloged credit-card transactions, the Journal said.

A NEW CONTROVERSY

For an administration that has promoted an activist government as a helper and protector of Americans, the flap over the NSA's surveillance became a new battle front.

Obama's White House already was under fire on another matter involving the delicate balance between security and privacy: its search of the telephone records of Associated Press journalists and the emails and phone records of a Fox News reporter as part of an inquiry into leaked government information.

And in the coming days, it's also likely that the details of the Guardian and Post reports will be sifted for clues into other U.S. surveillance activities, and who might have leaked them despite the risk of federal charges.

The Post story said part of its knowledge about the NSA programs came from a "career intelligence officer" who cited "firsthand experience with these systems, and horror at their capabilities."

There also was a curious twist to the Post story, which was written by Barton Gellman and Laura Poitras.

Gellman is a longtime Post reporter; Poitras is a documentary filmmaker who has been working on a film about Julian Assange, the founder of WikiLeaks, the website known for publishing secret government documents. Last year, Poitras made a documentary on Bill Binney, a former code-breaker at the NSA who became a whistleblowing critic of the agency's surveillance of U.S. citizens.

(Additional reporting by Susan Heavey, Patricia Zengerle, Thomas Ferraro, Andrea Shalal-Esa, Lawrence Hurley and Alina Selyukh in Washington, Ben Berkowitz and Jim Finkle in Boston and Sinead Carew in New York; Editing by David Lindsey and Jim Loney)

Source: http://www.reuters.com/article/2013/06/07/us-usa-wiretaps-verizon-idUSBRE95502920130607

South Africa's Puddles the Clown wins case against FHM

South African clown Norman Pudney has won a defamation suit against men's magazine FHM after it printed his picture with a report likening jesters to cross-dressing drug addicts.

A court ruled that FHM used the image of Mr Pudney, known as Puddles the Clown, "intentionally and maliciously".

It awarded Mr Pudney, a clown for about 30 years, $6,000 (£3,900) in damages.

He told the BBC he sued FHM to defend a "profession that is meant to be well-received".

FHM has not commented.

'Negative impact'

Its South Africa edition used a stock image of Mr Pudney in 2007 with an article, which said clowns and car guards often resembled "grown men with long-term tik [a local word to describe crystal methamphetamine] habits, dressed like transvestites from hell."

The Western Cape High Court ruled that FHM had breached its contract with Masterfile Corporation, from whose database it took the picture, by using the photo "intentionally and maliciously", South Africa's Cape Times newspaper reports.

Mr Pudney told the BBC he was pleased to have won the case after a battle of about five years.

"It wasn't about the money for me but it was about protecting the industry and artists in the future," he said

"I believed in what I was fighting for. It has been an interesting and challenging experience."

Mr Pudney's lawyer Sean Rapaport said the "photo, in isolation, is not defamatory", Cape Times reports.

"The negative impact comes from the context, when people pick up a magazine and recognise him," Mr Rapaport is quoted as saying.

Source: http://www.bbc.co.uk/news/world-africa-22800086

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