DPP: The State will appeal ‘no-terrorism’ verdict on Chadema

THE prosecution has expressed concern over a decision of the High Court, Tabora Registry, to nullify terrorist charges against five CHADEMA cadres and will take the matter to the Court of Appeal for further adjudication.
“We have been equally aggrieved by the High Court’s decision. We will take the matter to the Court of Appeal for revision,” the Director of Public Prosecutions (DPP), Dr Eliezer Feleshi, told the ‘Daily News’ in Dar es Salaam over the weekend.
The DPP added he was questioning a judge to prejudge matters that are triable by a competent court during trial and not under preliminary inquiry. “A judge or magistrate is not allowed to work on speculation, which is not allowed in law,” he said.
On August 5, this year, High Court Judge Simon Lukelelwa nullified the terrorism charges against five Chadema cadres -- Henry Kilewo, Evodius Justinian, Oscar Kaijage, Rajabu Daniel and Seif Kabuta -- who allegedly used chemicals believed to be acids to injure another person.
The prosecution had alleged that the five accused persons committed the offences in 2011 during the Igunga Constituency byelection campaigns in Tabora Region by kidnapping and injuring a CCM cadre, Mussa Tesha, and splashing on him some corrosive liquid substance said to be acid.
But in his ruling, Judge Lukelelwa said particulars of the offences charged could not reflecting terrorist elements. He warned the prosecution against abuse of use of the word “terrorism” in the framing charges, as that had a negative impact of the country’s economy.
“The issue of terrorism is widely discussed in and outside the country, but it appears such discussions have not been understood deeply on their effects. This issue should be looked into carefully as may scare away investors and tourists, hence affect the country’s economy,” he said.
The judge, therefore, directed the accused persons to be charged with an offence of causing bodily grievous harm in accordance with the Penal Code and ordered the prosecution to file the case afresh at Igunga District Court.
This is second time the High Court is reaching a decision. The first decision was given in respect of a case against the Director of Defence and Security of the country’s main opposition party, Wilfred Lwakatare, charged with conspiring to administer poison to one Dennis Msacky.
On May 8, this year, Judge Laurence Kaduri ruled that particulars of offen ces instituted against Lwakatare and another accused person, Joseph Ludovick, did not show elements of terrorism as the law required.
He explained that a charge that can set in motion the machinery of justice has to contain reasonable information as to the nature of the offence charged. The judge held, therefore, that there was an error in framing the charges against the accused person.

Source:Dailynews Tz.