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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