By Karama Kenyunko
Kawe MP Halima Mdee and co-accused have been warned against unnecessary failure to attend court sessions.
Resident Magistrate Janet Kaluyenda of the Kisutu Resident Magistrate’s Court issued the warning earlier this week in Dar es Salaam.
Along with eight other Chama Cha Demokrasia na Maendeleo women’s wing (BAWACHA) members, Mdee, its chairperson, is charged with unlawful assembly and disobeying a legal police order.
Three of the accused - Mdee, Anna Linjewile and Edward Julius- did not appear in court this Monday for various reasons.
Senior State Attorney Salum Mohamed told the court that the case had come up for preliminary hearing but three of the accused were absent.
Defence advocate Peter Kibatala said sureties of the three accused would explain their absence.
Halima Mdee’s surety and the one for Edward Julius (co-accused) claimed that the two were planning to appear in court but their Monday flight was cancelled. The two are attending the party’s events in the Lake Zone.
As for Anna Linjewile, another co-accused, the court was informed that she was not able to appear in court because she is attending her father’s funeral.
Persecution side led by State Attorney Mohamed maintained that the only genuine reason is that of Linjewile.
“I request the court to issue a warning to the accused because the only important reason given by the sureties is that about the funeral,” he bid the court.
In response, Magistrate Kaluyenda issued the warning to the accused calling on them to ensure they appear before court on set dates or face legal action. The case was adjourned to November 5, this year when it comes up for preliminary hearing.
The accused were arrested as they were about to participate in a peaceful demonstration to the State House earlier this month in Dar es Salaam.
They had planned to meet President Jakaya Kikwete in efforts to influence him not to receive the draft Constitution passed by the Constituent Assembly.
Apart from the MP, other accused are Rose Moshi (45), Renina Leafyagila (28), Mwanne Kassim (32), Sophia Fanuel (28), Martha Mtiko (27) and Beatus Mmari (35).
It was alleged that they committed the offence contrary to section 74, 75 and 124 of the Penal Code Cap 16 Revised Edition 2002.
The prosecution claimed that on October 4 this year, at Ufipa Street in Kinondoni, Dar es Salaam, without lawful excuse, the accused disobeyed a lawful order issued by Superintendent Emmanuel Tillf ordering them to disperse.
It was further alleged that on the same day and place, the accused unlawfully assembled with intent to carry out an illegal procession to the President’s Office.
Meanwhile, investigations into the murder of former member of the Constitutional Review Commission (CRC) Dr Sengondo Mvungi are not yet complete, the Kisutu Resident Magistrates’ Court was informed at the start of the week.
As such, the prosecution, led by state attorney Leonard Challo asked the court for another mention date and Principal resident magistrate Walialwande Lema agreed to the request and postponing the case to November 5 this year.
The accused in the case include Longishu Losingo, who is said to have been the watchman at the deceased’s residence.
Others are Chibango Magozi, John Mayunga, Juma Kangungu, Masunga Msukuma, Paul Mdionondo, Mianda Mlewa, Zacharia Mseze, Msigwa Matonya and Ahmed Kitabu.
The accused are alleged to have attacked Dr Mvungi on November 3, last year, at his Msakuzi Kiswegere residence in Kinondoni District, Dar es Salaam and caused his death.
It is further alleged that the group of suspected robbers stormed Dr Mvungi’s residence at night, critically wounding him as he attempted to fight off the machete-wielding assailants.
Dr Mvungi, who was also a prominent lawyer, academician and politician, was later admitted to the Intensive Care Unit of the Muhimbili Orthopaedic Institute (MOI). He was later flown for further treatment to Milpark Hospital in Johannesburg, South Africa, where he died.
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