The fate of Chadema chairman Freeman Mbowe and eight other senior officials, who are charged with 13 sedition charges, will be known today when the Kisutu Resident Magistrate’s Court in Dar es Salaam delivers its judgment in the trial.
Exactly 351 days after taking over the proceedings, almost a year, Principal Resident Magistrate Thomas Simba will deliver the highly awaited judgment after going through the evidence tendered by witnesses from both the prosecution and defence.
During the trial, the prosecution, led by Principal State Attorneys Faraja Nchimbi, Senior State Attorneys Wankyo Simon and State Attorneys Jacqueline Nyantori and Salim Msemo called eight witnesses, while the defence team led by Advocate Peter Kibatala summoned 13 witnesses, with the accused inclusive.
It was not an easy task for the magistrate to conclude the trial, as the previous magistrate, Wilbard Mashauri, now a judge of the High Court, spent over a year without taking evidence of a single witness despite the prosecution completing investigations at the earliest stage of the trial.
Having taken over the proceedings on March 14, 2019, Magistrate Simba entertained no nonsense and any kind of delaying tactics to ensure the matter is conducted smoothly to its conclusion. He first warned the parties not to engage in any unnecessary arguments that could halt the proceedings.
The magistrate directed the parties not to take their time by giving submissions that could force the court to use its time to prepare a ruling and not to abscond proceedings without cogent reason. He also preferred to give verbal warning to accused persons wherever they misbehave instead of sending them to remand.
Apart from Mbowe, other accused persons are the former party’s Secretary General Vincent Mashinji, John Mnyika, the newly elected Secretary General and Salum Mwalimu, who is Deputy Secretary General (Zanzibar).
Others are Peter Msigwa (Member of Parliament for Iringa Urban), Halima Mdee, the MP for Kawe, John Heche, the MP for Tarime Rural and Ester Bulaya, who is MP for Bunda Urban as well as the MP for Tarime Urban, Ester Matiko.
They are charged with 13 counts of conspiracy to commit offences, unlawful assembly, rioting after proclamation, raising discontent and ill-will for unlawful purposes, sedition and inciting commission of offences. The offences are alleged to have been committed between February 1 and 16, 2018 in the city.
The prosecution alleges that on February 16, 2018 along Kawawa Road at Mkwajuni area, being assembled with intent to carry out a common purpose, jointly and together, all accused persons conducted themselves in such a manner as to cause a fear of breach of peace.
It is claimed further that on the same day and place, with more than 12 other persons not in court, having riotously assembled, in disobedience of proclamation given by a police officer, the accused persons failed to disperse and continued to take part in the riot.
Thereby, according to the prosecution, the accused persons breached the peace and terrifying the public culminating in the death of National Institute of Transport (NIT) Student, Akwilina Akwiline Baftaa, and injury of two police officers, Police Constable Fikiri and Corporal Rahim Msangi.
According to the prosecution, on the same day at Buibui grounds, while addressing Kinondoni residents at the public meeting, Mbowe, Mdee and Heche made statements likely to raise discontent and promote feelings of ill-will amongst the inhabitants of the United Republic of Tanzania.
The prosecution alleged further that Mbowe, in related offences, made seditious statements with the intention of bringing hatred and contempt to the citizens of the United Republic of Tanzania against the lawful authority of the government.
It is alleged further that on the same day at Buibui grounds, Mbowe, Msigwa and Bulaya with other persons who are not in court, jointly incited the residents of Kinondoni District in the city to commit offences of unlawful assembly, going armed in public and rioting.
