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Accused ex-TPDF soldier denied bail
2007-09-04 09:33:38
By a Correspondent
At long last a Dar es Salaam court has turned down an application for bail by an ex-Tanzania People`s Defence Forces soldier who is facing a case of unlawful possession of 1982 rounds of ammunition and weaponry.
Kisutu Resident Magistrate`s Court yesterday denied bail to accused Mt 80186 PT Henry Mwisongo (28) of 83KJ in Kibaha, coast Region.
Resident Magistrate Sundi Fimbo made the decision when delivering his ruling before a fully packed court.
The court held that allowing bail to the accused who was allegedly found in an unlawful possession of 1982 rounds of ammunition, an SMG and a G3 on July 22 this year at Mwenge Mlalakuwa in Kinondoni District, would threaten the security of the country.
Magistrate Fimbo contended the amount of ammunition the accused was allegedly found in possession was provocatively large and likely to put the security of the country at risk, hence conceding with the findings of the Director of Public Prosecutions.
He further said the grant of bail would further adversely interfere with investigations still in force.
Earlier, Assistant Commissioner of Police (ACP) Charles Kenyella had raised an objection to the accused`s bail on similar grounds.
The prosecutor had asked the Court not to grant the accused bail, which request was strongly attacked by the accused’s lawyer, Jerome Msemwa.
The arguments and counter arguments culminated in a legal wrangle that attracted the court`s intervention and ruling.
Advocate Msemwa had prayed the court to grant bail to his client as it was his constitutional right.
He contended that the denial of bail for his client would offend the cherished doctrine of the presumption of innocence as a person was presumed innocent until proven guilty.
The remark attracted an immediate response from the prosecution, which equally hit back.
ACP Kenyella told the court that the crucial issue was not whether bail was of right, but rather the bigger number of the rounds of ammunition with which the accused was found being in an unlawful possession, coupled with the attendant state of insecurity that could arise there from. The case was adjourned to September 15, this year.
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