Category: Justice

  • Laurent Gbagbo: Former Ivory Coast leader’s trial to begin

    Laurent Gbagbo: Former Ivory Coast leader’s trial to begin

    {The trial of former Ivory Coast President Laurent Gbagbo for crimes against humanity is set to begin at the International Criminal Court (ICC).}

    He faces charges relating to the country’s civil conflict that erupted after he lost elections in 2010.

    The trial aims to “uncover the truth”, ICC Chief Prosecutor Fatou Bensouda told reporters at The Hague.

    Both Mr Gbagbo and his co-accused, former militia leader Charles Ble Goude, say they are innocent.

    “The trial is an opportunity for reconciliation,” Mr Gbagbo’s lawyer Emmanuel Altit said. “It is for this reason that he awaits it with confidence.”

    A lawyer for Mr Ble Goude, who is accused of organising attacks on opposition supporters, described his client as a “man of peace”.

    This may prove to be the most important trial in the ICC’s history. The international court was established to end impunity and bring the most powerful leaders to justice. The first appearance of a former head of state is testament to the prosecutor’s reach. And yet, despite casualties on both sides, not one of President Alassane Ouattara’s supporters has been charged, leading to accusations of victor’s justice.

    During the pre-trial press briefing the victims’ representative was asked how she could represent the victims when only half of those who suffered would have their voices heard.

    This high-profile trial will test the ability of the ICC to obtain reliable evidence from a country in which the government has a political interest in securing a guilty verdict.
    Can the suspects expect a fair trial if much of the evidence comes from their enemy?

    Mr Gbagbo sparked a crisis in Ivory Coast after he refused to step down following his loss to Alassane Ouattara in the 2010 presidential vote.

    Some 3,000 people were killed in the civil conflict that ensued, with Mr Gbagbo holing up in the presidential palace.

    He was arrested in April 2011, by forces loyal to President Ouattara backed by French troops, and later in that year extradited to The Hague.

    It will be the highest-profile trial yet for the ICC, which has only convicted two Congolese warlords since its establishment in 2002.

    Mr Gbagbo is accused of four charges – murder, rape, attempted murder and persecution.

    His supporters accuse the ICC of overlooking alleged crimes by Mr Gbagbo’s opponents, many of whom are now in power.

    But this was rejected by Ms Bensouda, who said investigations into the pro-Ouattara camp had been “intensified”.

    Born in 1945, Mr Gbagbo’s first career was in academia as a history professor
    He was jailed for two years in 1971 for “subversive” teaching

    By the 1980s, he was heavily involved in trade union activities

    After years in exile, he returned to Ivory Coast to attend the founding congress of the Ivorian Popular Front in 1988

    Mr Gbagbo was one of the first to challenge Ivory Coast’s founding President Felix Houphouet-Boigny, after multi-party politics were permitted
    Became president with the Ivorian Popular Front in 2000
    {{
    Profile: Laurent Gbagbo}}

    The ICC has been accused by some in Africa of unfairly targeting the continent.
    An attempt to prosecute Kenyan President Uhuru Kenyatta over post-election violence failed amid allegations witnesses had been intimidated.

    This week however the ICC authorised an investigation into possible war crimes committed during the 2008 conflict between Russia and Georgia – the first inquiry into a conflict outside Africa.

    Source:BBC:[Laurent Gbagbo: Former Ivory Coast leader’s trial to begin->http://www.bbc.com/news/world-africa-35424653]

  • Malaysia prosecutor clears PM Najib Razak of corruption

    Malaysia prosecutor clears PM Najib Razak of corruption

    {Malaysia’s top prosecutor has cleared Prime Minister Najib Razak of corruption in a long-running financial scandal that has gripped the nation.}

    The attorney-general’s office said the $681m (£479m) Mr Najib received in his bank account was a personal donation from the Saudi royal family.

    Critics had alleged the money came from state-owned investment fund 1MDB.
    Mr Najib has consistently denied these accusations, but has faced pressure to resign over them.

    Anti-corruption officials have previously said he received money as a gift from a foreign funder.

    Attorney-General Mohamed Apandi Ali said in a press statement on Tuesday that the amount was a “personal donation” from the royal family in Saudi Arabia, transferred between the end of March and early April 2013.

    He added that anti-corruption officials had met witnesses including the person they identified as the donor to confirm it.

    “I am satisfied that there is no evidence to show that the donation was a form of gratification given corruptly,” he said, adding that evidence did not show the donation was used as an “inducement or reward” for Mr Najib to do anything in his capacity as prime minister.

    Case that gripped Malaysia: Karishma Vaswani, BBC Asia Business correspondent
    The case of the mysterious millions has in equal part enthralled and angered Malaysians.

    Even after this decision many still have unanswered questions. In the first place, why did their prime minister need this personal donation? What was the money used for?
    The attorney general said Mr Najib had returned $620m, but that begs the question – where did the other $61m go?

    Some Malaysians have pointed to the fact that the new attorney general is a recent appointment – replaced after Mr Najib kicked his predecessor out over this very same drama.

    The scandal has cast an ugly shadow over Mr Najib’s seven-year leadership. But this decision effectively clears him, which political analysts say will secure his position within his own party and the country for now.

    Malaysia held its last general election in May 2013, which returned Mr Najib’s party to power but with one of its poorest showings on record.

    The attorney general also said no criminal offence was committed by Najib in relation to three other related investigations and that no further action would be taken.

    Source:BBC:[Malaysia prosecutor clears PM Najib Razak of corruption->http://www.bbc.com/news/world-asia-35407017]

  • Tanzania:47 election case for councillors filed at Kisutu RM’s Court

    Tanzania:47 election case for councillors filed at Kisutu RM’s Court

    {Forty seven cases relating to election of councillors in the last general election have been filed at the Kisutu Resident Magistrate’s Court in Dar es Salaam involving four political parties.}

    Court records show that of the cases, 19 have already been disposed of, whereas 12 have been filed by candidates from the ruling Chama Cha Mapinduzi against winners from Chama Cha Demokrasia na Maendeleo (Chadema) and the Civic United Front (CUF), which were as well dismissed for lack of sufficient grounds.

    They involved Kelvin Mbogo from Mbezi Juu Ward, Victor Mwakasendule from Makangarawe Ward, Shirima Quirine from Makaburini Ward, Faraham Abbas from Kinondoni Ward, Godfrey Mheluka of Kimara Ward, Hashimu Mbonde from Mbweni Ward and Batuli Mziya from Mnyamani Ward.

    The rest involve Bernard Lwehasura from Mikocheni Ward, Tamim Tamim of Tandale Ward, Henry Chaula of Mjimwema Ward, Judith Magembe from Mtoni Ward and Siraju Mwahs of Msigeni Ward. Records show that the remaining seven cases were withdrawn by the petitioners for various reasons.

    They involved Rukia Mwenge from Kimanga Ward, Barua Mwakilanga from Buguruni Ward, Hemedy Sabula from Kiburugwa Ward, Tito Osoro also from Kiburugwa, Siraju Mwasha from Msigani Ward, Judith Boniface and Josephine Wage from Hananasifu Ward.

    It is shown that the other 28 undetermined cases were at various stages, with one pending for ruling, eight awaiting hearing of the arguments and the remaining 19 were being mentioned to await the parties to complete some requirements before they are heard.

    The records further show that in the undetermined cases, 24 candidates are opposing the election results in their respective wards, while Chadema is challenging results in three wards and ACT-Wazalendo disputes results in one ward.

    In those wards, Chadema won 19 seats in Vijibweni, Mbweni, Makongo, Wazo, Pugu, Tabata, Kinyerezi, Bunyokwa, Gongo la Mboto, Chang’ombe, Mchikichini, Majohe, Ukonga, Kipawa, Liwiti, Ugungo, Zingiziwa and Saranga Wards.

    While CUF emerged winners in six Wards of Buguruni, Makumbusho, Mbagala, Manzese, Minazini and Manzini, but CCM won only three seats from Mzinga, Chanika and Tuangoma wards. All these wards are from Ilala, Temeke and Kinondoni districts.

    Source:Daily News:[47 election case for councillors filed at Kisutu RM’s Court->http://www.dailynews.co.tz/index.php/home-news/46347-47-election-case-for-councillors-filed-at-kisutu-rm-s-court]

  • ICC warns against witness intimidation and exposure

    ICC warns against witness intimidation and exposure

    {The International Crimianl Court has warned the public against exposing protected witnesses, saying they face five year jail term or a fine.}

    This follows a question from one of the journalist who said that he intercepted one of the victims (woman) and interviewed her.

    Maria Mabiti Kamara, the ICC Outreach officer for Uganda and Kenya, sounded the warning while addressing a press conference Wednesday at Hotel Africana.

    “Whoever exposes protected witness who are going to testify against Ongwen will face five years jail or fined,” she said.

    Source:The Nee Vision:[ICC warns against witness intimidation and exposure ->http://www.newvision.co.ug/new_vision/news/1415314/icc-warns-witness-intimidation-exposure]

  • Uganda:Sorcerer jailed for sprinkling herbs on magistrate’s chair

    Uganda:Sorcerer jailed for sprinkling herbs on magistrate’s chair

    {A native doctor accused of trespassing at Buganda Road Chief Magistrates Court and sprinkling fetishes (powder-like substances) on the seat of the Chief Magistrate has been further remanded to Luzira Prison.}

    Mr Issa Kiwanuka is facing one count of criminal trespass alongside Ms Alice Nalule. Grade One Magistrate, Joan Aciro ordered the duo to return to prison until January 22, when they will appear for the hearing.

    The two accused persons first appeared before court on January 14, this year and entered a plea of not guilty.

    Prosecution led by Ms Patricia Chingtho state that the duo on January 12, this year at Buganda Road Chief Magistrates Court in Kampala District unlawfully entered into or upon Court One, in the possession of the judiciary (a time non-staff members are not allowed to enter). Prosecution further stated that they remained there with intent to intimidate, insult or annoy No.30022 Police Corporal, Jackson Bansiime, who was charged with the responsibility of watching over court.

    The accused persons were caught by the court cleaners, sprinkling fetishes in the wee hours of the morning, before court business could begin.

    Upon interrogation at Police, Mr Kiwanuka a peasant from Mityana, revealed that he doubles as a native doctor and Ms Nalule had hired him to cast a spell on the seat of the Chief Magistrate and that of the state prosecutors with the intention of causing them to release her husband who was identified as Mr Zacchaeus Ssekiziyivu from jail.

    Mr Ssekiziyivu is facing over 100 charges of obtaining money by false pretense, and his case was coming up for mention the day they were arrested. His case proceeded and he was returned to prison on remand.

    Source:The New Vision:[Sorcerer jailed for sprinkling herbs on magistrate’s chair->http://www.monitor.co.ug/News/National/Sorcerer-jailed-for-sprinkling-herbs-on-magistrate-s-chair/-/688334/3041526/-/157hbxiz/-/index.html]

  • Two WASAC employees sentenced for three years for bribery

    Two WASAC employees sentenced for three years for bribery

    Nyarugenge high court has convicted two WASAC employees, Uwayezu Jean d’Ascension and Ngabonziza Jean Damascene of bribery, sentencing them to three years sentence and a fine of Rwf 80,000.

    Uwayezu and Ngabonziza were arrested in December 2015 after getting caught red-handed soliciting a Rwf 40,000 bribe from the managing director of Bougain Villa Hotel-Resto located in Nyarutarama in a case where they were supposed to disconnect water supply over arrears of Rwf 400,000 the hotel owed WASAC.

    They were caught with the help of WASAC Chief Executive Officer and the managing director of Bougain villa Hotel-Resto.

    The manager of Bougain villa Hotel-Resto said that the debt was accumulated by people who had hired the hotel before he took it over.

    After accepting to offer the briber, the manager of Bougain villa Hotel-Resto, Byuzura David called the managing director of WASAC who alerted the police and arrested the two culprits after getting caught red handed receiving the amount they requested.
    On 9th December, 2015 they appeared before Nyarugenge high court where the prosecution requested for a three-year sentence.

    The magistrate, Gatoni Nehemie who read the court ruling said that culprits who didn’t attend the court judgment will serve their time in Kimironko prison.

    Ruterana Lucien, the head of commercial services in WASAC expressed satisfaction over Nyarugenge court’s ruling saying the sentence is deterrent enough to serve as a warning to others that intended to ask for bribes.

    Uwayezu Jean d’Ascension and Ngabonziza Jean Damascene during the trial
  • Tanzania:Telecoms officials face fraud charges

    Tanzania:Telecoms officials face fraud charges

    {SIX senior officials with Six Telecoms Company Limited appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday charged with two counts of fraudulent traffic and occasioning a loss of over 8bn/- to Tanzania Telecommunication Regulatory Authority (TCRA)
    }

    They are Hafidh Shamte, alias Rashid Shamte, who is the Director and Chief Executive Office; Raphael Hongo Onyango, the Chief Finance Officer and Said Mohamed Ally, who is an Accountant.

    The rest are Noel Odeny Chacha, the Marketing Officer, Tinisha Max, who is Network Administrator and Vishno Konreddy, the Head of Data Business.

    They were not allowed to enter plea to the charges when they were brought before PrincipalResident Magistrate Respicious Mwijage, because they are charged under the Economic and organised Crime Act.

    All of the accused persons were ordered to go to remand because the court could not entertain any bail application, as the court vested with jurisdiction to hear the matter is the High Court.

    The lower court could entertain such an economic case upon securing consent of the Director of Public Prosecutions (DPP). The case will be mentioned on January 28, as the prosecution informed the court that investigations into the matter have not been completed.

    According to the prosecution, led by Principal State Attorney Theophil Mutakyawa and Senior State Attorney Jacqueline Nyantori, the accused persons committed the offences on different days between May 2010 and January 2016.

    It is alleged that in order to obtain a financial or personal gain, the accused persons charged International Telecommunication Traffic at a rate below the minimum rate of 25 US dollars cents per minute.

    As a result, the prosecution alleged, the accused persons failed to pay to TCRA revenue amounting to 3,836,861.99 US dollars, generated from the minimum rate of international income telecommunications traffic.

    The prosecution told the court that within the said period, in the city of Dar es Salaam, following a move of charging lower international telecommunication rates and failure to pay the revenue generated, the accused caused a loss to the authority.

    Arraignment of officials with Six Telecoms Tanzania Limited comes just a day after TCRA, communications industry regulator, suspended all services provided by the local firm, for allegedly occasioning losses to the government.

    It followed an impromptu inspection by TCRA at the company’s offices and facilities in Dar es Salaam on Thursday on claims that the company was charging lower tariffs on international calls than those indicated by the industry watchdog.

  • New York University students commend Rwanda judicial performance

    New York University students commend Rwanda judicial performance

    {New York University students have lauded the achievements attained in Rwandan justice and reconciliation, advising that other countries across the world embroiled in conflicts should take a leaf from Rwanda’s experience. They made the commendation yesterday during talks with the President of Supreme Court, Prof. Sam Rugege who told them that achievements in justice and reconciliation have been built from scratch after the 1994 genocide against the Tutsi to the current state of earning international Tutsi. He said that judicial levels were destroyed but acquired potential of international credibility.
    }
    The students revealed that they decided to visit Rwanda to learn from her experience in judicial systems and reconciliation. They were explained about Gacaca courts as a home grown solution for restorative justice. The students appreciated Rwanda’s efforts in building their nation through resolving conflicts and reconcliation.

    “I want people from across the world to know what is taking place in Rwanda, where people live in harmony having common understanding on uplifting their nation,” said one of students.

    Prof. Rugege told media that Rwandan justice still face challenges of genocide fugitives wandering outside the country without being held accountable for their crime.

    New York University students pose for a photo with the President of Supreme Court ,Prof.Sam Rugege
  • Mali hotel attackers indicted

    Mali hotel attackers indicted

    {Bamako – A prosecutor in Mali says two men have been indicted on charges of complicity in terrorism for the attack on a luxury hotel in Mali’s capital in November that killed 20 people.}

    Boubacar Sidiki Samake said on Wednesday that the men were arrested November 26 and indicted on December 16. Samake, who leads the investigation into the attacks on the Radisson Blu hotel, said the men had been identified on surveillance video.

    He said that when arrested they were each carrying about $330 in cash, enough to leave Mali.

    Two gunmen armed with Kalashnikov assault rifles and explosives stormed the hotel early November 20 and shot at patrons. Malian troops, backed by French and American special forces, retook the building.

    The gunmen were killed at the scene.

    Source:News 24:[Mali hotel attackers indicted->http://www.news24.com/Africa/News/mali-hotel-attackers-indicted-20160113]

  • Nyamirambo girl on trial for teacher assault

    Nyamirambo girl on trial for teacher assault

    {A 17-years old girl (names withheld) yesterday morning appeared in Nyamirambo court to explain alleged crimes of beating and hurting her teacher, Gasoma Jean Baptiste.}

    It is alleged that on 25th August 2015, a young girl in S.4 at College Saint Andre pursuing Physics, Chemistry and Biology assaulted and injured her teacher.

    At the beginning of the hearing yesterday at 9:20 am, the magistrate n charge of the case requested all members of the public to make leave of court. Only the accused, considered a juvenile delinquent, and her layers remained in the court.

    At the end of the hearing, defense lawyers of the young girl—Karangwayire Epiphanie and Habimana Pie, told IGIHE that there are signs proving that after getting hurt, the teacher didn’t want the student to get out the scene of the incident.

    It is said that both the student and the teacher had spent 30 minutes in a conversation in an old laboratory which currently serves as a store of school items including jerry cans.

    Lawyers say there is evidences proving how the teacher has been seducing the young girl, asking her for sex in exchange of free marks until he gave her an appointment to meet in the former laboratory while others went in the mass.

    Layers say their client honoured the appointment equipped with a blunt metal for defending herself in case the teacher attacked her.

    The prosecution requested for a two year sentence for the girl and a fine of Rwf 100,000 over the crime of assault. Defense lawyers requested the court to suspend any form of sentence to allow the girl continue with her studies.

    The final judgment will be passed on 29th January 2016.