Tundu Lissu, and his co-accused persons suffered a legal blow

Principal Resident Magistrate Thomas Simba has dismissed some preliminary points of objections that had been advanced by the accused persons, through their advocate Peter Kibatala, who had challenged the jurisdiction of the court to determine the matter.

The magistrate agreed with the prosecution’s submissions that the court has all the powers to determine the charges in all stages to the delivery of judgment. He adjourned the case to August 2, when another person will be joined in the case.

Other accused persons on trial are senior journalist Simon Mkina and a businessman, Ismail Mehbood. They are charged with publishing and printing a seditious publication and printing a newspaper without submission of an affidavit.

In his submissions, Advocate Peter Kibatala, for the accused persons, who had submitted that counts of conspiracy and that of intimidation, should be “striken out” for lack of consent of Director of Public Prosecutions (DPP).

The advocate had told the court that the DPP has only provided consent in respect of count relating to printing seditious publication. In respect of other counts, the advocate submitted that were also defective for lack of sufficient particulars and ingredients of the offences charged.

State Attorney Paul Kadishi, for the prosecution, had conceded to the first point relating to conspiracy and intimidation charges in that no consent of the DPP has been provided to confer court’s jurisdiction to determine them and requested the court to discharge the accused persons in respect of those counts. However, the trial attorney submitted to the defence counsel’s contrary in respect of other counts in that they contain sufficient particulars and ingredients.

He submitted that any criminal offence must contain two main elements, which are statement and particulars of the offence.

“All these elements have been included in the charge sheet. We have indicated specific provision of law under which the offences were committed. Even the particulars contain all essential ingredients of the offence charged,” he told the court.

The prosecutor alleged that the said accused persons published the seditious publication on January 14, this year, in Dar es Salaam, Mawio newspaper dated January 14, 2016, with a title, “Machafuko yaja Zanzibar.”

It is alleged that the accused persons intended to excite disaffection to the citizens of Zanzibar against lawful authority of the Revolutionary Government of Zanzibar.

On January 13, this year, at Jamana House area in Ilala District, Mehbood printed the seditious publication contained in the newspaper for similar purposes and that he printed ‘Mawio’ newspaper without prior submission of an affidavit to the Registrar of Newspapers.