Chadema lawyers appeal as Mbowe is remanded

Dar es Salaam. Chadema defence lawyers have appealed to the High Court to reinstate bails for party chairman Freeman Mbowe and Tarime Urban legislator Esther Matiko that were revoked by a lower court yesterday.

The two opposition politicians and several others were charged in the Kisutu Resident Magistrate’s Court in February for incitement.

They were out on bail but the Magistrate’s court revoked the bail for the two yesterday following a request by the prosecution on grounds that they had jumped bail by failing to appear in court on November 1 and November 8.

The two legislators were sent to Segerea Prison immediately after the end of yesterday’s court proceedings, but the defence team immediately appealed the Kisutu Magistrate Court’s decision to the High Court.

Drama ensued in the Kisutu court chambers as police officers confronted Chadema supporters who were chanting as they protested against the decision to remand the two politicians. The High Court did not determine on the matter yesterday despite the defence team’s filling the appeal under certificate of urgency.

Revoking the bail for the two earlier yesterday, Kisutu Resident Magistrate Wilbard Mashauri said he agreed with the prosecution that the two had failed to present evidence on why they failed to appear in court.

Mr Mashauri said Mr Mbowe, who is the MP for Hai, told the court that on October 31, while in Washington in the US, he suddenly fell sick and his doctor advised him not to take a long distance trip. However his passport shows that he took a long distance trip during the same period.

Mr Mashauri added that Mr Mbowe’s explanation on why he failed to appear in court contradicted what his guarantor told the court.

The guarantor had told the court, according to Mr Mashauri, that Mr Mbowe suddenly fell sick and had to be flown to South Africa for treatment. No evidence was presented to support that fact, according to Mr Mashauri.

As regards Ms Matiko, Mr Mashauri said her excuse that she was away on an official trip to Burundi was not convincing enough.

“Everyone is equal before the law. She was supposed to appear in court regardless of her official duties,” noted Mr Mashauri.

“The accused have on several times been guilty of contempt of court by failing to appear in court,” said Mr Mashauri as he was reading the decision to revoke bail for the two.

Mr Mbowe and his co-accused party leaders are facing 13 charges including plotting, organizing illegal gathering and incitement. They allegedly committed the crimes between February 1 and February 16, 2018 in Dar es Salaam.

Explaining reasons for the appeal of the Kisutu Resident Magistrate’s decision the leader of the defence team Peter Kibatala said the Kisutu Court decision was in contravention of the law.

Some of the contraventions included the facts that the bails were revoked without informing the guarantors of the accused. Mr Kibatala also added that the accused presented themselves in court twice, in November 12 and November 23, after, allegedly jumping bail. Mr Kibatala said the two should have been arrested in those two instances if they were, indeed, guilty of contempt of court.