Court warns Mbowe over jumping bail in criminal trial

FAUSTINE KAPAMA

THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday warned National Chairman of Chama cha Demokrasia na Maendeleo (Chadema) Freeman Mbowe for jumping bail in a criminal trial he was facing.

He and eight other Chadema officials are charged with 11 criminal counts. Principal Resident Magistrate Wilbard Mashauri said the bail granted to him shall be cancelled if he didn’t attend the next court session scheduled for August 2, 2018 for preliminary hearing.

This is the second time the national chairman of the opposition party is not attending the court session.

In the last session held on July 25, Mr Mbowe could not show up with his surety informing the court that he had experienced traffic problems, when he was coming to Dar es Salaam from Arusha.

Even yesterday, the surety said Mr Mbowe was blocked by a traffic jam on his way to the court. “It appears there is conspiracy between the accused and the surety.

He could have arrived here if it were true that he was blocked by the traffic jam. This is the second consecutive session he is not attending. His bail shall be cancelled if he doesn’t attend the next court session,” the magistrate warned.

Earlier, the prosecution led by Principal State Attorneys Faraja Nchimbi, Paul Kadishi and Dr Zainabu Mango and State Attorney Wankyo Simon asked the court to issue a strong warning to the accused for violating bail conditions, saying there was no justification at all.

They informed the court that the case had been set for preliminary hearing and on their part they were ready to present the facts of the case.

However, defence counsel Hekima Mwasipu asked for the adjournment of the case until tomorrow to enable his co-counsel to attend the session.

Other accused are Mr Vicent Mashinji, who is the party’s Secretary General, Mr John Mnyika, the Deputy Secretary General (Mainland), Mr Salum Mwalimu, who is Deputy Secretary General (Zanzibar) and Mr Peter Msigwa MP for Iringa Urban. Others are Ms Ester Matiko (Tarime Urban MP), Ms Halima Mdee (Kawe MP), Mr John Heche (Tarime Rural MP) and Ms Ester Bulaya (MP for Bunda Urban).

They are charged with 11 counts of conspiracy to commit offences, unlawful assembly, rioting after lawful order and inciting the commission of offences, raising discontent and ill-will for unlawful purposes and sedition allegedly committed between February 1 and 16, this year in the city.

The prosecution alleged that on February 16, this year, along Kawawa Road in Mkwajuni, while assembling with intent to carry out a common purpose, jointly and together, all accused persons conducted themselves in such a manner as to cause fear and breach of the peace.

The prosecution further claimed that on the same day and place with more than 12 other persons not in court, having riotously assembled, in disobedience of a lawful order by a police officer, the accused persons failed to disperse and continued to take part in the riot.

Thereby, according to the prosecution, the accused persons breached the peace and terrified members of the public, culminating in the death of National Institute of Transport (NIT) Student Akwilina Akwiline Baftaa and injuries to two police officers, Police Constable Fikiri and Corporal Rahim Msangi.

According to the prosecution, on the same day at Buibui grounds, while addressing Kinondoni residents at a public meeting, Mr Mbowe, Ms Mdee and Mr Heche made statements likely to raise discontent and promote feelings of ill-will amongst the citizens of the United Republic of Tanzania.