Mbowe surety failed him, says magistrate BY LUSEKELO PHILEMON

Chadema national chairman and Hai legislator Freeman Mbowe and his supporters leave Arusha Resident Magistrate`s Court moments after he was granted bail yesterday.(Photo: Cynthia Mwilolezi)

Confirms MPs had permission to attend Bunge commitments

The Arusha Resident Magistrate’s Court yesterday freed the leader of opposition in parliament Freeman Mbowe, saying his arrest was prompted by his surety’s breach of bail terms.

Mbowe was arrested on Saturday in Dar es Salaam on Arusha Resident Magistrate’s order and appeared in court here yesterday morning.

Julius Margwe was dropped as Mbowe’s first surety, after the court identified him as the cause for the order to arrest the Chadema leader. He was replaced by John Bayo, Elerai ward councillor.

The court also confirmed that Mbowe and the other accused legislators had been granted permission to attend parliament sessions.

“It is true that the court had allowed all members of parliament facing charges of illegal demonstrations to attend sessions at the national assembly but the problem with Mbowe is that even the person who was to represent him was refusing to turn up for hearings,” stated the resident Magistrate.

He explained that it was due to the surety’s tricky behaviour and failure to report before the hearings which prompted the court to issue the arrest warrant for Freeman Mbowe.

Resident Magistrate Charles Magesa told the court that the surety had to appear in court throughout the dates of the case hearings as required under the bail terms.

Instead the surety claimed that he was attending another legal matter at the Maromboso Primary Court in Levolosi area on the relevant date.

Margwe told the court that the Maromboso case was heard on the 27th of May the day he was also to appear before the RM’s Court and that on the 30th of May he turned up but the court never gave him chance to speak.

Magistrate Magesa explained that such conduct of coming up with excuses whenever Margwe was supposed to turn up for hearings, had led the court to lose trust in him, advising that Mbowe replace him.

The Resident Magistrate also pointed out that since the surety was facing other criminal charges in the primary court; his panel could not be so sure that Margwe will be acquitted or even find extra time to deal with the other suit at the regional court.

Mbowe’s attorney Method Kimomogoro pleaded with the court to drop the warrant for the arrest of Mbowe and restore his earlier bail grant to enable the politician attend all the budget sessions at the national assembly.

State Attorney Juma Ramadhani asked the court to issue stern warning to Mbowe and other politicians who may attempt to breach court orders and advised the accused persons to keep close contacts with their sureties to avoid future inconveniences.

The case facing Mbowe and other CHADEMA officials is set for hearing on the 24th of June this year.

Meanwhile, our Urambo correspondent reports that the District Court yesterday denied special seat lawmaker Magdalena Sakaya bail after she failed to meet the conditions.

The lawmaker and 11 other members of CUF were arrested last week allegedly for conducting a public rally without permit.

SOURCE: THE GUARDIAN
Copy right: Emmanuel Diah