Category: Justice

{Thirty-year old Chinese national Li Xiuyiang was yesterday arraigned before the Kisutu Resident Magistrate’s Court in Dar es Salaam, charged with possession of an elephant tusk made ring worth over 32m/-.}

Before Principal Resident Magistrate Cyprian Mkeha, the accused was not allowed to enter any plea as the case was going to be tried at the High Court.

Reading out the charges, State Attorney Hellen Mushi alleged that on August 6, 2016, at Julius Nyerere International Airport (JNIA) in Dar es Salaam’s Ilala District, Xiuyiang was found in possession of the government trophy.

According to the prosecutor, the accused who is also an engineer, was found unlawfully possessing the trophy, which is the property of the government without a valid permit.

The accused through his interpreter maintained his innocence before the court, but the magistrate presiding over the case insisted that the court has no jurisdiction to decide on the charges. Ms Mushi informed the court that investigations into the matter were yet to be completed and requested for a mention date.

The magistrate adjourned the case to August 24, this year, when it will come up for mention and ordered the accused to remain in remand.

{Addressing a press conference yesterday, Mr Chibita indicated that a charge sheet against Mr Baguma had been prepared and sanctioned by the Resident State Attorney at Buganda Road Court.}

The Director of Public Prosecutions, Mr Mike Chibita, yesterday insisted that former Kampala Central Police Station commander Aaron Baguma remains a murder suspect and said he would invoke powers of independence given to his office to make sure the police officer does not operate above the law.

Addressing a press conference yesterday, Mr Chibita indicated that a charge sheet against Mr Baguma had been prepared and sanctioned by the Resident State Attorney at Buganda Road Court and forwarded to the police director of Criminal Investigations Department to have the police officer apprehended and produced in court.

“We (DPP) do not summon but the file was sent to the CID. If he is not produced in court, we shall follow the process and move court to issue criminal summons against him,” Mr Chibita said.

He also dismissed rumours circulating yesterday that he had resigned his position.

“The issue of resignation is perpetuated by criminals. It is a figment of criminals’ imagination”.

Mr Baguma is one of the suspects in the alleged killing of businesswoman Betty Katusabe at Pine car bond in Kampala on October 21, 2015.

He is lined up to appear in court along with other suspects who are on remand.
They include car dealer and proprietor of the car bond, Mr Muhammed Ssebuwufu, Mr Godfrey Kayiza, a private security guard, Mr Philip Mirambe, a Congolese national, Mr Stephen Lwanga, a businessman and one Mr Paul Tasingika.

Ever since Mr Baguma was indicted by the DPP in December last year, police authorities have failed to surrender the commander.

He was promoted to another rank in February, but was removed from command recently and sent on training.

The DPP had in a July 21 letter given the police 10 days to charge Mr Baguma, but the police feigned knowledge of the DPP’s directive sent to CID director Grace Akullo.
Ms Polly Namaye, the deputy police spokesperson, who on Tuesday had said the police had not received any summons for Mr Baguma yesterday changed her position, saying the Force had received the DPP’s instructions.

“We received the instructions but police is in consultations with the DPP about the case and once a decision is taken, Mr Baguma will be produced in court,” she said, adding that they would abide by the DPP’s instructions.

Mr Chibita, who was flanked by his deputy Charles Eremu Ogwal, insisted that there is no special treatment being given to the case and that no crisis has hit its handling.
Mr Baguma’s troubles stem from an October 21, 2015, incident where he reportedly looked on as car dealer Ssebuwufu led assault against Katusabe, ordering her to pay him a Shs9 million debt.

Katusabe had promised to pay later.

{{DPP’s full statement}}

The Directorate of Prosecutions is charged with the mandate of instituting criminal proceedings, among other Constitutional responsibilities.

In pursuit of this provision, the Directorate institutes hundreds of thousands of criminal proceedings every year.

In exercise of its mandate, the Directorate works hand in hand with other stakeholders like Police, the Judiciary and the public, among others.

The Constitution provides that in exercise of his duties, the Director of Public Prosecutions will not act under control of any authority.

This is a provision that is guarded jealously and has been respected by stakeholders.
The Directorate is guided in its work by the principles of natural justice and adherence to the rule of law.

Some of the tenets of the rule of law include the presumption of innocence and the principle that nobody is above the law.

The Directorate wishes to inform the public that whenever necessary information on proposed or ongoing prosecutions is disseminated.

However, the Directorate wishes to reiterate that it does not and will not conduct prosecutions in or through the media.

The case of CPS CRB 147/2015 Uganda Vs Sebuwufu and others is being handled in accordance with the above stated principles.

{Three media outlets have been fined a total of 19m/- for violating regulations governing broadcasting services in the country.}

These are the Independent Television ( ITV), which has been ordered to pay 10m/-, Clouds Television and Clouds Entertainment FM both ordered to pay 4m/- and 5m/- respectively.

Reading the judgment to reporters in Dar es Salaam yesterday, Tanzania Communications Regulatory Authority’s Content Committee Vice-Chairman, Joseph Mapunda, said the communications regulator also issued a strong warning to the three media outlets to ensure that they observe content regulations when airing their programmes.

He explained that ITV has been fined 10m/- for airing two separate programmes, which violated content regulations. In the first offence, Mapunda said ITV through its ‘Kumekucha’ programme conducted an interview with Iringa Urban legislator Peter Msigwa on June 15, this year, on budget analysis.

He said during the interview the presenter failed to control the interviewee, thus providing room for him to give out statements that insulted the National Assembly Deputy Speaker Dr Tulia Ackson. “The presenter didn’t take any effort to ask Msigwa to withdraw his statements and instead he continued with the interview,” Mapunda said.

He noted that the programme aired was contrary to Broadcasting Services Regulations (2005) which require every licencee to ensure that the programmes aired does not injure the reputation of individuals.

According to Mapunda, the regulations also require the presenter to air programmes that do not incite or perpetuate hatred against or vilify any group or person on the basis of ethnicity, race , gender religious or disability.

In the second offence, ITV was fined for broadcasting a news bulletin of a 16-year-old girl who was raped by his uncle by disclosing her name and school where she was studying contrary to the regulations.

He said the law restricts the identity of rape victims or victims of other sexual offences to be disclosed without the prior consent of the victim or disclose the identity of minors who are victims of rape or any other crime.

On Clouds TV, Mapunda said that the broadcaster through its Hip Hop programme aired two songs, Thanks for Coming of Mwana-FA and Break it Down of Lily Baby whose content embarrassed women.

He said that the songs were aired at a time when a substantial number of children were likely to be part of the audience, thus violating the regulations governing broadcasting services (content) which restrict such programme to be aired between 5.30am and 21pm.

Mapunda said that according to the broadcasting regulations, broadcasters are obliged to ensure that the programme aired observes good taste and decency and protect children from negative influence.

In another judgment, Clouds Entertainment FM has been ordered to pay a fine of 5m/- for allowing its presenters to support news of a man who had sex with a goat. “Presenters didn’t condemn such act but instead they were supporting it by giving out statements which didn’t show any condemnation,” he said.

Mapunda further said that the Radio station through its Power Breakfast programme, its presenters discussed news which was published in the newspaper about a three-year-old boy who underwent surgery at Muhimbili National Hospital to be implanted with a sexual organ because he was born without such organs.

He said the presentation of the news violated the broadcasting regulations because the presenters took it as a joke.

{The Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday set free three MPs on CCM ticket, Ahmed Saddiq (53), Kangi Lugola (54) and Victor Mwambalasa (63), who were charged with corrupt transaction.}

Principal Resident Magistrate Respicious Mwijage discharged Saddiq, MP for Mvomero in Morogoro Region, Lugola, legislator for Mwibara in Mara Region and Mwambalasa, a lawmaker for Lupa in Mbeya Region, after receiving a nolle prosequi statement from the Director of Public Prosecutions (DPP).

Senior State Attorney Mutaloemwa Kishenyi, for the prosecution, who was assisted by a prosecutor from the Prevention and Combatting of Corruption Bureau (PCCB), Emmanuel Jacob, presented the certificate in question, saying the DPP has lost desire to prosecute the three MPs.

The three legislators were alleged to have solicited 30m/- from a District Executive Director (DED) to provide clear recommendations on accounts. But the DPP decided to withdraw the charge against them under section 91 (1) of the Criminal Procedure Act (CPA).

However, the reading of such provision shows that the DPP was not prohibited to order the re-arrest of the same persons – under which such nolle prosequi certificate was entered – and charge them with the same offences containing the same facts.

Before giving the order to discharge the MPs, Advocate Mpale Mpoki requested the court to order the prosecution to supply him with statement of the person who had complained to initiate the trial, though the DPP has decided to discontinue the prosecution of his clients.

However, the magistrate declined to issue such order and directed the advocate to make own efforts to request the prosecution to supply him with the statement he wanted as the stage under which the case had reached, the court had no powers to order the DPP to comply with his request.

After being set free, Lugola, speaking on behalf of the others, said that they will consult their advocates to see the possibility of taking legal action following what he described as embarrassment occasioned to them by the PCCB through being implicated in the bribery scandal.

He pointed out that it was so sad to notice that they were widely publicised on the day they were arraigned in connection with the charge, only for the prosecution to later decide to withdraw the charges silently.

Being MPs and members of the Standing Parliamentary Local Authority Accounting Committee (LAAC), the trio allegedly solicited a sum of 30m/- from Mr Mbwana Soud Magotta, the Gairo District Executive Director (DED).

Such amount, according to the prosecution, was an inducement so that they could give clear recommendations on the accounts of the district council for the 2015/2016 financial year; a matter that was in relation to the affairs of their principal.

{DAR ES SALAAM-based Kisutu Resident Magistrate’s Court yesterday sentenced 64-year old Said Shomari to 15-year imprisonment for unlawful possession of a pistol.}

Principal Resident Magistrate Wilbard Mashauri meted out the sentence after convicting the accused on his own plea of guilty. In the case, Shomari and another suspect Ramadhan Said, who is believed to be his son, faced two counts related to possession of firearm, the pistol of Berata make and one round of ammunition.

Shomari pleaded guilty to the count of unlawful possession of firearm but denied the other count of unlawful possession of ammunition. On the other hand, Said denied all the counts. In yesterday’s proceedings, the case had come for hearing and the prosecution, led by State Attorney Adolf Mkini, brought one witness.

However, before the hearing started, Shomari requested the court to remind him of the charges. It was at that point, when he admitted the first count, confessing to have illegally been found with the pistol.

Reading the charges, the trial attorney told the court that the two accused persons committed the offences on November 11, last year, at Kigogo area in Kinondoni District. The prosecution alleged that on that day, the two accused persons were found with the pistol and one round of ammunition without having any permit authorising them to possess them.