Kabendera’s lawyer says journalist in bad health
What you need to know:
Prosecutors charged Kabendera with money laundering, tax evasion, and assisting an organised crime racket, according to a copy of the charge sheet.
Dar es Salaam. Defence lawyer in the case facing a journalist, Erick Kabendera, yesterday asked the Kisutu Resident Magistrate’s Court to order Tanzania Prisons Service to allow their client to go to a government hospital for medical check-ups.
However, the multiple awards winner will seemingly receive treatment in custody for now after magistrate Janeth Mtega recorded his health concern before adjourning the case to September 12. Defence lawyer Jebra Kambole made the plea before the court’s resident magistrate, Ms Mtega, after senior state attorney Wankyo Saimon had told the court that investigations into the case were no yet completed when the case came up for mention. Mr Kambole told the court that on the eve of August 2, 2019 his client, while in remand prison, fell sick and that until now he has respiratory problems.
“I went to see him and discovered that one of his legs had paralyzed after failing to walk for two days and appeared weakened. So, as his lawyer and relatives, we are concerned about his healthy,” Kambole told the court. “Since our client has not undergone a deserved medical checkup, we are asking the court to direct the Tanzania Prisons Service to allow our client to go to any of government hospital for a medical checkup including Muhimbili National Hospital, where he can properly be medically examined,” Mr Kambole asked the court. The State Attorney, Mr Wakyo told the court that the issue of sickness would not be disputed by anybody, but, he added, the Tanzania Prisons Service should not be directed to take him to a certain hospital for a medical checkup. “Your court cannot order that he be taken to a certain hospital because he has never made an application for that and was denied.”
“However, the law statutorily stipulates that economic sabotage offences are only be heard by the High Court, So, this court has no legal authority of making any decision,” Wankyo told the court.
After hearing the arguments of both parties, magistrate Mtega adjourned the case.
