The Citizen (Dar es Salaam)
Rosina John
11 November 2009
The Kisutu Resident Magistrate's Court yesterday dismissed charges against the president of the University of Dar Student's Organisation (Daruso) and four others for lack of witnesses to testify against them.
Those acquitted include Daruso president Antony Machibya and his secretary general Owawa Juma and three students, Sabinian Pius, Titus Ndula and Paul Issa.
The court reached the decision after prosecution failed to produce witnesses to testify in the case.
Dismissing the charges, resident magistrate Ms Victoria Nongwa, said the prosecution failed to produce any witness to testify in the case since the hearing of the case began in April, this year.
"For this reason, I dismiss the case and set the accused free," magistrate Nongwa ruled yesterday.
The students first appeared in court in January this year, charged with unlawful assembly which the prosecution alleged was intended cause breach of peace at the university.
They were arrested at the University of Dar es Salaam main campus while carrying placards with messages that they intended to block the readmission of students.
The prosecution named the president and secretary general of the Daruso as ring leaders who organised demonstrations which aimed at causing chaos.
They were further accused of planning a countrywide demonstration without giving any prior notice to relevant authorities.
The purpose of the demonstrations was to press for their demands that all students be readmitted regardless of whether they had complied with the required rules or not.
The prosecution alleged before the court during preliminary hearing, that the accused committed the offence on January 19, this year, at UDSM.
During preliminary hearing, prosecution said it has lined six witnesses to testify against the accused.
In another development, the court was yesterday told that the file of a murder case facing an Indian national, Vinoth
Praveer Nadhesan, is still at the Director of Public Prosecution (DPP) office.
This was said by inspector of police Ms Emma Mkonyi who asked the court to set another date for mentioning the case. Magistrate Eva Nkya set November 24 for mention of the case.
Mr Vinoth Praveer Nadhesan first appeared in court on February this year, along with his wife Komal Bhupendra charged with the grisly murder of 21 year old Abdulbasit Abdallah on February 6.
However, the woman was later released after the DPP said she has no case to answer.
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