Wednesday, October 5, 2016

Kubenea in court over ‘false news’ publishing

FAUSTINE KAPAMA
UBUNGO Member of Parliament (MP), Saed Kubenea, appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday charged with publishing false statements in a tabloid, which is likely to cause fear or disturb public peace.

Before Principal Resident Magistrate Wilbard Mashauri, the lawmaker with the opposition party, Chama cha Democrasia na Maendeleo (Chadema), denied the charge. He was granted bail on condition of signing a bond of 5m/-.
He was also ordered not to leave the city without securing court permission and that he was to secure two reliable sureties, who each signed a bond of 5m/- in order to bail out the youthful legislator.
The case was adjourned to October 31, for preliminary hearing as investigations into the matter, according to the prosecution, have been completed. During preliminary hearing, the prosecution would be required to disclose more particulars showing how the offence was committed.
State Attorney Derock Makabatunzi, for the prosecution, told the court that the accused person committed the offence on July 25, this year at Kabasa Street in Kinondoni Municipality.
Kubenea is alleged to have circulated false information in Mwanahalisi newspaper dated July 25-31, 2016. According to the prosecution, in the newspaper issue number 349 ISSN 1821/5432, the accused persons allegedly published false statements which were likely to cause fear and alarm to the public or disturb public peace.
The published statements, the prosecution further alleged, carried a heading, “Yuko wapi atakayeiokoa Zanzibar,” literally meaning, “who will rescue Zanzibar.”
In April, this year, the same court gave Kubenea three months conditional discharge after convicting him of an offence of abusing the current Dar es Salaam Regional Commissioner (RC), Mr Paul Makonda.
Principal Resident Magistrate Thomas Simba held that the prosecution sufficiently proved the charge through its three witnesses beyond reasonable doubt that he committed the offence.
The magistrate directed the lawmaker to refrain from committing a similar offence within the period, warning that if anything goes to the contrary, he would be arrested and given any other custodial sentence as per the law.
Kubenea (44), who resides at Ubungo Makuburi, was alleged to have committed the offence on December 14, last year, at TOOKU Garments Co. Limited factory at Mabibo External within Kinondoni District, Dar es Salaam.
The court was told that he abused Mr Makonda, at the time he was District Commissioner (DC) of Kinondoni, by using abusive language in a manner that was likely to cause a breach of peace.
According to the prosecution, Kubenea was quoted as telling the former DC, “Wewe kibaka, mpumbavu, mjinga na cheo chenyewe cha kupewa tu.”
Kubenea was arrested by the police in connection with the offence after he had exchanged some sour words with Mr Makonda at the factory

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