Kabendera to remain in jail as mother is bade farewell
Dar es Salaam. Tanzanian journalist Erick Kabendera - who is facing charges of organised crime and money laundering - yesterday broke into tears when he appeared at the Kisutu Resident magistrate court in Dar es Salaam.
His lawyers requested for him to be allowed to go and pay the last respects to his mother who died on Tuesday. But the court refused to grant the permission, citing lack of jurisdiction to do so.
Mr Kabendera was wiping away tears even before commencement of the proceedings. Journalists flanked him with cameras and his relatives and friends filled the court room.
Sobbing was also heard from his relatives as they stepped out of the court when it was ruled that Mr Kabendera could not attend the funeral of his mother.
Kabendera’s mother, Ms Verdiana Mujwahuzi, died on Tuesday and the last respects were scheduled for today, Friday.
His defence lawyers, led by advocate Jebra Kambole, appealed to the Kisutu court to allow him to go pay the last respects to his late mom at the Chang’ombe Roman Catholic Church in Temeke. Mr Kambole submitted six reasons for the court to grant the leave under escort, saying it was his basic right to attend the funeral service .
Mr Kambole said Kabendera was still innocent until proved otherwise. He has made no attempt to escape - and the charges against him do not involve breach of the peace.
Mr Kambole also said that his release under escort could not affect the prosecution in any way.
“Erick was taking care of his mother before his arrest. It’s, therefore, important for him to attend considering that there is only one mother who dies, is given last respect - and is buried only once in lifetime,” said Mr Kambole.
“In the cause of humanity, we request the court to consider and grant him leave under escort,” he concluded.
State Attorney Wankyo Simon rejected the plea saying the court had no powers to grant such leave.
“We regret the loss of his mother; but this court has no power to allow him leave of absence considering that cases of economic crimes are heard in the High Court,” he said.
After exchanging legal arguments for almost an hour - up to 1pm yesterday, the Principal Resident Magistrate hearing the case, Janeth Mtega, arjouned the case for some hours before delivering the decision.
The court later said it could not grant permission for Mr Kabendera to attend the burial ceremony, saying it has no jurisdictional power to do so.
The case was adjourned to January 13 when it will be mentioned again.
Mr Kabendera applied for plea-bargaining, and the State Attorneys said the discussions and investigations were ongoing.
