Lwakatare’s lawyers files a case at High Court

ATTORNEYS TO Chadema’s Defense and Security Director Wilfred Lwakatare yesterday filed an application in High Court in Dar es Salaam seeking for the court’s intervention to investigate the conduct of the Director of the Public Prosecutions (DPPs) whom they accuse to have not done the rightful decision against their client. The defense council is of the opinion of the fact that the decision by the DPPs to enter nolle prosecui for the case No. 37/2013 and tactfully turned around and reopen the case No. 6/2013 with similar charges against their client before the presiding Resident Magistrate to rule it out, is an open interference of the judicial administration of justice. They have claimed that, the decision by DPPs has denied the magistrate who was hearing the case an opportunity to rule on a debate that had just started on the bail of the accused. In view of this, the opposition lawyers have filed a case under a certificate of urgency seeking the annulment of fresh charges against their client Speaking in an exclusive interview at the High Court’s premises, Lwakatare’s defense advocate Tundu Lissu said that, they have opened a file application alongside with the certificate of urgency so that the High Court should hasten the judicial process as quickly as possible. “We have opened an application file requesting the High Court to intervene and see if the government through the DPPs has done the rightful decision against our client” he said adding that, they want the High Court to go over the first and the second file to verify if the procedure used followed protocol in accordance to the law.

Chadema’s Defense and Security Director Wilfred Lwakatare is being escorted by the police to enter into a court chamber at Kisutu Resident Magistrate Court in Dar es Salaam on Wednesday this week. This was after he was re-arrested after being acquited with the first count and charged with terrorism

However, he said and outlined some of the few points which they also wanted to know as reasons for their main claims which included the circumstances that led to the suspension of the earlier case was done under what circumstances. He added that, the decision by DPPs over the matter is an abuse of judicial process. According to Lissu, if the High Court agrees to the request, then the prosecution will be forced to withdraw the second charge sheet that was filed on Wednesday this week and proceeded with the first one. Lissu asserted that, though the DPP has mandate to drop and reopen a case as he may deem necessary, but in this case he regarded the action as the misuse of office power as the decision is not for the national interest or the interest for justice that decides there are no allegations. The advocate Lissu who is amongst a most professional lawyers in the country and an MP for Singida East constituency under Chadema ticket noted that, had the DPPs really wanted to reopen the case, then they would have entered new charges and not the same ones they had just withdrawn by entering nolle prosecui. Lwakatare was arraigned for terrorism on Monday this week and on the following day was released following the DPPs decision not to proceed with the case by entering the nolle prosecui but in a dramatic turn of events, the DPPs filed new charges that the defense is now disputing. The new charges however, led to the re-arrest of the Chadema director who now remains in remand custody until the next court session which comes up for mention in 3^rd April 2013. Lwakatare and his co-accused were arrested on four counts including conspiracy to kidnap the Mwananchi Chief Editor Dennis Msacky. Their arrest followed the posting of a video clip on social media that allegedly linked the two with kidnap and torture conspiracy. They were remanded despite of the fact that the court was on Thursday had earlier expected to set the date for a bail hearing.