MP asks court not to hear his case

Member of Parliament for Bahi, Mr Omary Badwel (CCM).PHOTO|FILE

By Rosina John ,The Citizen Correspondent


IN SUMMARY

According to advocate Mpoki, the act is contrary to Article 13(6)(a) of the Constitution which gives the accused the right to appeal against any decision which he thinks can affect him.


Dar es Salaam. Defence counsel has asked the Kisutu Resident Magistrate’s Court to halt the hearing of a corruption case against a Member of Parliament for Bahi, Mr Omary Badwel (CCM).

Advocate Mpale Mpoki made the request yesterday asking the court to stop the hearing of the case pending determination of a petition filed by the accused at the High Court.

According to advocate Mpoki, in petition number 48 filed on December 5, last year, the accused challenged an act which restricts him to appeal or seek review of the decision in the criminal case which is in progress.

According to advocate Mpoki, the act is contrary to Article 13(6)(a) of the Constitution which gives the accused the right to appeal against any decision which he thinks can affect him.

For her part, resident magistrate Hellen Riwa said she will give the ruling on March 5.

In the case, Badwel, who is also a member of the Parliamentary Local Authorities Accounts Committee (LAAC), is charged with soliciting a Sh8 million bribe whereby he allegedly received Sh1 million as advance payment from the Mkuranga District executive director, Ms Sipora Liana.

The accused allegedly received the money on June 2, last year from Ms Liana at Peacock Hotel to induce him to approve the district council’s 2011/12 financial report, which was being discussed by the Committee.

The case came forth for hearing yesterday, but the prosecution led by state attorney Lizy Kiwia asked the court to adjourn the case to another date due to absence of witnesses.