JamiiForum co-founders found with case to answer

Dar es Salaam. The Kisutu Resident Magistrate’s Court ruled yesterday that JamiiForum co-founders Maxence Mello and Micke William Mushi have a case to answer.

Principal Resident Magistrate Thomas Simba said the two were supposed to defend themselves in a case (case number 456/2016) in which they are accused of obstructing an investigation after not handing over the details of people who post on the site to the police.

“I want the defendants to come up with enough witnesses to enable the court to conclude this case before the end of March,” he said.

Earlier, state attorney Elia Athanas had asked the court to decide whether the accused had a case to answer or not.

“All the accused are present before the court and the prosecution is ready for your decision,” said Mr Athanas.

The Principal Resident Magistrate noted that the prosecution had brought three witnesses and one exhibit to prove charges against the Jamii Forum co-founders.

“After passing through (submissions by) witnesses, the court has found all the accused with a case to answer; therefore they are supposed to defend themselves,” he said.

Magistrate Simba said the accused could testify themselves through affidavits or opt to remain silent and wait for the decision of the court.

The respondent’s lawyer, Mr Nashon Mkungu said his clients would testify themselves through affidavits, and will bring five witnesses.

“We are hoping to bring five witnesses; we are therefore requesting for the date to be set for us to start testifying ourselves,” said advocate Mkungu.

Magistrate Simba set March 14 and 19, this year as dates for the accused to start testifying themselves.

The decision came after the prosecution closed its testimony, bringing three witnesses, including the Dar es Salaam Special Zone Principal Investigation Officer, SSP Ramadhan Kindai (42).

In his witness, Mr Kindai told the court that he was the one who ordered the arrest of Mr Mello and his colleague for failure to provide accurate information on the details of people who post on the site to the police.

Mr Kindai noted that the police had requested information from JamiiForum following claims lodged by Oilcom retail sales supervisor Usama Mohammed.

Mr Mohammed reported to the police on February 16, 2016 that JamiiForum had published information accusing his company of tax evasion at the Dar es Salaam Port, which he argued wasn’t true.

The police were said to have taken Mr Mello to his office and home to search for the users’ details they wanted.