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Tanzania lawyers accuse DPP of misconduct

Saturday April 21 2018
moshi

A court in Moshi. Tanganyika Law Society says a culture of impunity is taking root among their officers. FILE PHOTO | NATION

By PATTY MAGUBIRA

Tanzania lawyers are accusing the office of the Director of Public Prosecutions of abusing its powers and that of the Attorney-General of assuming powers not conferred to it, saying that a culture of impunity is taking root among their officers.

Tanganyika Law Society (TLS) cited at the handling of a case involving lawyer Median Mwale, who has been behind bars for about seven years now.

The DPP entered a nolle prosequi in a case in which Mr Mwale and three other people were facing charges of forgery, uttering false documents and money laundering, but were rearrested soon after release and are facing revised charges.

Mwale was initially charged along with Boniface Thomas, a CRDB Bank employee at Mapato branch in Arusha, Nairobi businessman Don Bosco Gichana and Elias Ndejembi before the Arusha Resident Magistrate’s Court with 13 counts of forgery, uttering false documents and money laundering.

During their April 14 AGM, the lawyers gave the authorities one month to finalise investigations and two months to start hearing of the case.

The TLS inaugurated a new governing council led by Fatma Karume from Zanzibar as president.

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They said if their ultimatum was not met, they will stop receiving dock briefs — the privileges trial judges grant suspects in the dock to select counsel among those present to represent them for a nominal fee.

Senior counsel Alute Munghwai said: “The court is supportive in the case of Mwale and others. However, the DPP is no longer prosecuting, but rather persecuting people.”

The TLS Arusha Chapter convener Elibariki Maeda enumerated methods that the DPP’s officials were using to delay the case, such as “endless adjournments” on the pretext of incomplete investigations, frequent amendments of the charge sheet by adding new counts, joinder of an accused person after almost every year and frequent non-appearance without notice of the state attorneys.

“Mwale and others are still innocent until proven guilty, but holding them for all these years without trial implies the opposite,” Mr Maeda lamented.

Two other members of the Bar, Dr Ringo Tenga and Emmanuel Massawe, are also in custody. While the former is facing charges of money laundering, the latter is accused of engaging in economic sabotage and organised crime.

Ms Karume takes over the post from the outspoken Singida East MP, Tundu Lissu, who is recuperating after being shot by unknown gunmen in the capital Dodoma last September.

Mr Lissu could not defend his post as the AG had cited clauses in the regulations which disqualify the MP.

In his letter dated March 9, 2018, Dr Adelardus Kilangi admits modifying the TLS Election Regulations 2018, to justify his action.

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