Judge in Mbowe’s terrorism financing case steps down

Summary

• Mbowe on behalf of the others alleged that they don’t see Judge Elinaza Luvanda in a position of dispensing justice, therefore, calling on him to step down from hearing their case.

By James Magai

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Dar es Salaam. Judge Elinaza Luvanda of the High Court (Corruption and Economic Crimes Division) who was hearing the case of Economic Sabotage No. 16/2021 with six

charges including terrorism, has offered to step down from hearing the case.
The judge has withdrawn from the case after the fourth accused in the case, Freeman Mbowe, told the court that he and his three co-defendants did not trust the Judge in doing justice to their case.

Mbowe on behalf of the others alleged that they don’t see Judge Elinaza Luvanda in a position of dispensing justice, therefore, calling on him to step down from hearing their case.

“This case has public interest and it will be better if all hearing procedures are done with justice and professionalism without any prejudiced interests,” he said.

Mbowe also alleged that public interests can be proved through different debates that are going on WikiLeaks websites.

He quoted some of debates from Wikileaks as;

“ Judge Elinaza Luvanda is a government employee and TISS  (Tanzania Intelligence and Security Service) agent and he is at this court, he is directed to sentence Mbowe while political parties registrar is dealing with Chadema, President will release him after some time and he will dismiss all objections, it doesn't matter its legitimacy,” Mbowe alleged.

"I hereby ask you (Judge Luvanda) to step down from hearing this case in order to protect your dignity and that of the court,” Mbowe told court.

Judge Luvanda, after reviewing Mbowe's request and the prosecution's statement, announced that he had stepped down from hearing the case.

 “I listened to fourth accused’s (Mbowe) request and prosecution lawyers, I have to say that his request isbasic and it has public interest despite his grievances... I hereby take this opportunity to announce that I’m stepping down to give chance to another judge to continue with this case,” he said.

After announced his decision Judge Luvanda adjourned the case until when it will be assigned to another Judge and directed accused to be taken back to custody.

The first accused is Halfan Bwire Hassan, second Adam Hassan Kasekwa, third is Mohamed Abdillahi Ling'wenya and the fourth Freeman Aikael Mbowe.

Defendants are represented by a panel of their 14 lawyers, led by Peter Kibatala while the government is represented by a panel of five State attorneys.