Former Mayor of Ubungo, Boniface Jacob, and activist Godlisten Malisa, have once again raised concerns about the prosecution’s repeated failure to read preliminary statements in their ongoing case at the Kisutu Resident Magistrate’s Court.
The pair are facing charges of spreading false information online with the intent to mislead the public.
Through their attorney, Peter Kibatala, Jacob and Malisa expressed frustration over the prosecution’s failure to proceed with the preliminary hearing on three consecutive occasions. Kibatala emphasized that the law is clear on the responsibilities of the prosecution and the police before a case is brought to court.
Appearing before Senior Resident Magistrate Ushindi Swalo, the defense attorney criticized the prosecution for causing unnecessary delays and inconvenience to the defendants. He argued that if the investigation was incomplete, the accused should not have been brought to court unless the charges were serious.
Read More;Qatar, Tanzania Forge Stronger Cultural, Arts, Sports Bonds
Kibatala further urged the court to issue a final adjournment and warned that if the prosecution does not proceed on the next scheduled date, he would request the court to dismiss the charges under Section 226 of the Criminal Procedure Act (CPA).
The prosecution, represented by State Attorney Frank Michael, requested an adjournment, citing that the case file was under review. Magistrate Swalo granted the final adjournment, setting the next hearing date for July 30, 2024. He warned that failure to proceed on that date would result in following the legal procedures as directed.
Jacob and Malisa are accused of spreading false information online regarding the alleged disappearance of a young man. On April 22, 2024, in Dar es Salaam, Jacob allegedly posted misleading information on a social media platform, claiming that those licensed to kill had done so again. The prosecution asserts that these actions were intended to incite public distrust against law enforcement agencies
The case has garnered significant public attention, with both defendants being vocal about their commitment to defending citizen rights. Despite being granted bail earlier, the repeated delays in their case have raised concerns about the judicial process and the handling of such cases by the authorities