Thursday, December 3, 2015

Lawyer, teacher on Lubuva ‘murder’ rap

FAUSTINE KAPAMA
The Chairman of the National Electoral Commission (NEC), Judge Damian Lubuva.
TWO persons, a lawyer and a teacher, appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam charged with conspiring to murder the Chairman of the National Electoral Commission (NEC), Judge (retired) Damian Lubuva and his family.
Angela George, alias Mbonde (36), the lawyer and Samwel Kigaro Korroso (30), who is a teacher, denied the charge before Principal Resident Magistrate Thomas Simba.
They were denied bail after the court upheld the objection presented by the prosecution. State Attorney Hellen Moshi, for the prosecution, had submitted that although the charge is bailable; bail should be temporarily withheld due to the nature of the offence alleged to have been committed.

The prosecutor submitted that investigations into the matter were still in the preliminary stages while there was likelihood for the accused persons, who reside at Sinza and Ukonga Kipunguni, respectively, to interfere with the investigations once bailed out.
Advocate Moses Karua, for both accused persons, strongly opposed the objection presented by the prosecution, submitting that reasons advanced have no legal basis. He told the court that the central issue to be taken into consideration was whether the offence charged is bailable or not.
According to him, the arguments given by the prosecution were mere speculations and if they were serious enough would have filed an affidavit to support the given reasons.
In his brief ruling, however, the magistrate agreed with the reasons given by the prosecution to support the objection that given the nature of the offence involved and the investigations being at preliminary stage, it would be justified for the accused persons to remain in remand for the time being.
However, the court ordered the prosecution to expedite the investigations and directed the case to come for mention on December 15.
It was not immediately known the mode under which the alleged offence was committed, as no details were given as to whether the transaction is linked with the Cyber Crime Act, whose operation was endorsed by the president in September this year.
Furthermore, it was not disclosed whether the commission of the alleged offence is linked to the just ended General Elections, considering the fact that the alleged victim, as head of the electoral body, was overseeing the elections.
It is alleged that jointly and together, the two accused persons conspired together with other persons who were not in court to murder Judge Lubuva and his family.

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