'Malicious intent to administer poison' case against Chadema officials rages
The defence advocate in a conspiracy to maliciously administer poison case facing Chama Cha Demokrasia na Maendeleo (Chadema) Defence and Security Director Wilfred Lwakatare and his co-accused, Ludovick Joseph has requested the court to order the prosecution to either speed up the investigation or to withdraw charges.
The defence advocate told the court that it is almost a year now since the prosecution begun investigating the matter.
The call came after the prosecution State Attorney Shadrack Kimaro informed the court that the investigation into the case is still in progress and that the State attorney who presides over the case Prudence Rweyongeza was absent. Defence counsel, Peter Kibatala, made the claims before Kisutu Resident Magistrate, Aloyce Katemana who presides over the case.
Magistrate Katemana instructed Kibatala to hold any complaints until the case comes up for mention again on April 9, this year following the defense attorney’s attempt to have the court hear alleged foul play by prosecution against his client.
He claimed that, when the case was last brought up for mention, the defence requested the court to transfer money from Lwakatare’s mobile phone that the police confiscated but that wish was not granted.
Lwakatare and Ludovick are only charged with conspiracy to maliciously administer poison with the intent to harm Denis Msacky contrary to Section 227 of the Penal Code after the high court nullified three terrorism counts which they were also faced with it.
They appeared before the Kisutu Court for the first time on March 18, last year charged with four counts related to terrorism.
According to the charge sheet, it was alleged that on December 28, 2012 at Kimara Stop Over- in King’ong’o area they conspired to maliciously administer poison with intent to harm Denis Msacky, contrary to Section 227 of the Penal Code.
In the second count, the accused are alleged to have conspired to kidnap Msacky contrary to Section 4 (2) of the Prevention of Terrorism Act Number 21 of 2002.
In the third count it was alleged that on the same date and at the same place, the accused planned and participated in a meeting, knowing that it was concerned with an act of terrorism, particularly plotting to kidnap Msacky contrary to the same section of the 2002 Act.
Further, it was alleged in the fourth count that on the same date that Lwakatare allowed a meeting to be held in his house while he was aware that the occasion was meant to execute a plan to carry out the kidnap, which is a crime under the 2002 Act on terrorism.
All the accused are out on bail.
SOURCE: THE GUARDIAN
The defence advocate told the court that it is almost a year now since the prosecution begun investigating the matter.
The call came after the prosecution State Attorney Shadrack Kimaro informed the court that the investigation into the case is still in progress and that the State attorney who presides over the case Prudence Rweyongeza was absent. Defence counsel, Peter Kibatala, made the claims before Kisutu Resident Magistrate, Aloyce Katemana who presides over the case.
Magistrate Katemana instructed Kibatala to hold any complaints until the case comes up for mention again on April 9, this year following the defense attorney’s attempt to have the court hear alleged foul play by prosecution against his client.
He claimed that, when the case was last brought up for mention, the defence requested the court to transfer money from Lwakatare’s mobile phone that the police confiscated but that wish was not granted.
Lwakatare and Ludovick are only charged with conspiracy to maliciously administer poison with the intent to harm Denis Msacky contrary to Section 227 of the Penal Code after the high court nullified three terrorism counts which they were also faced with it.
They appeared before the Kisutu Court for the first time on March 18, last year charged with four counts related to terrorism.
According to the charge sheet, it was alleged that on December 28, 2012 at Kimara Stop Over- in King’ong’o area they conspired to maliciously administer poison with intent to harm Denis Msacky, contrary to Section 227 of the Penal Code.
In the second count, the accused are alleged to have conspired to kidnap Msacky contrary to Section 4 (2) of the Prevention of Terrorism Act Number 21 of 2002.
In the third count it was alleged that on the same date and at the same place, the accused planned and participated in a meeting, knowing that it was concerned with an act of terrorism, particularly plotting to kidnap Msacky contrary to the same section of the 2002 Act.
Further, it was alleged in the fourth count that on the same date that Lwakatare allowed a meeting to be held in his house while he was aware that the occasion was meant to execute a plan to carry out the kidnap, which is a crime under the 2002 Act on terrorism.
All the accused are out on bail.
SOURCE: THE GUARDIAN
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