State grilled for failure to arrest Lissu over bail

Faustine kapama

THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday grilled the prosecution for their failure to coordinate the arrest of Singida East Member of Parliament Tundu Lissu for allegedly jumping bail in the seditious trial he is facing jointly with others.

Lissu surrendered himself before the court when the case came for mention and State Attorney Patrick Mwita took such opportunity to throw the ball to the court to determine whether bail extended to the opposition lawmaker should be cancelled.
However, Principal Resident Magistrate Thomas Simba armtwisted the matter to the prosecution for their reluctance in implementing the court’s order given on November 3, this year, for the arrest of the MP under Chadema ticket.
“You (prosecutor) were here when this court issued the arrest warrant and you signed it.
Why didn’t you arrest him (Lissu)? Why should it be taken that you have also disobeyed the court order. Are you afraid of him or what?” the magistrate queried.
Though the trial attorney informed the court that they had dispatched the arrest warrant to the police for implementation the court could not be satisfied with such answer.
The prosecutor had to apologise to the court on any inconveniences caused therein.
Giving his accounts as to why he had been absconding court sessions, Lissu told the court that he had not attended because on the first absenteeism case, he had been taken to Germany for emergency medication and when he returned he was required to go to Mara Region for the hearing an election petition.
"I wrote a letter to the magistrate in-charge requesting for adjournment of my cases pending before this court to November 16.
Though I did not have enough time to serve the letter, I sent my assistant to do it for me.
So I did not have any intention of disrespecting the court or
avoiding these proceedings,” he prayed.
The magistrate accepted the reasons given by the MP, but he was quick to point out that the court does not afraid him (Lissu) regardless of his status in the society, as he was required to follow the procedures.
“It is the prosecution which is afraid of you, not the court, ” he said.
After such session, Advocate Peter Kibatala, for the accused persons, informed the court that the defence was withdrawing its intention of appealing against the ruling over regality of charges read over to his clients.
Following such position, the case was adjourned to December 20, for re-reading of the charges.
Other accused persons in the matter are senior journalist Simon Mkina , a Printer, Ismail Mehbood and another seasoned journalist Jabir Yunus.
They are charges with conspiracy, printing and publishing seditious publication and printing a newspaper without submission of an affidavit.