THE Kisutu Resident Magistrate's Court in Dar es Salaam on Monday (January 19,2021) ordered the arrest of three supporters of Chadema for allegedly jumping bail in the trial of 27 people facing charges linked with the saga of invasion of Segerea Remand Prison.
They are Edga Adeline, Reginard Masawe and Pendo Raphael, alias Mwasomola. Principal Resident Magistrate Huruma Shaidi also ordered summons for their sureties to be issued so that they could show cause why the bonds they executed to bail out the trio should not be forfeited.
The magistrate adjourned the trial to February 15, 2021 for commencement of hearing. Before adjourning the matter, State Attorney Ester Martin asked the court to issue the arrest warrants as the three accused persons could not attend the session.
She also sought the sureties to be subpoenaed for failure to either ensure the three accused persons attend the court session or give account of their whereabouts. In the trial, other accused persons are ex- Kawe MP Halima Mdee and Ester Bulaya, the former MP for Bunda Urban.
Others are former Ubungo Municipal Mayor Boniface Jacob, ex-lawmaker Jesca Kishoa, Henry Kilewo, Patrick Assenga, Yohana Kaunya, Kedmony Mhembo, Mshewa Karua, Athuman Hassan,Gervas Yenda, Angela Tryphone and Khadija Mwago.
The rest are Cesilia Michael, Happy Abdallah, Omary Milodo, Emanuel Ignastemu, Stephen Kitomali, Hamis Yusuph, Juma Hussein, Mustafa Lada, Emmanuel Zakaria, Paul Makali and Steven Ezekiel.
They are charged with disobedience of a lawful order, unlawful assembly, malicious damage to property, abusive language and assault, offences which are alleged to have been committed on March 13, 2020 at Segerea Prison in Ilala District in the City of Dar es Salaam.
The accused persons are suspected to have been involved in the matter when they went to receive the party's National Chairman Freeman Mbowe, who was freed on that day after managing to pay a fine of 70m/- imposed on him by the same court for sedition, incitement and unlawful assembly charges.
It is alleged that on March 13, 2020 at Segerea Prison within Ilala District in the city, all accused persons disobeyed an order issued by Prison Officer Sergeant John, requiring them to disperse peacefully and vacate the prison area.
According to the prosecution, such officer was acting in public capacity and duly authorised in that behalf to guard the main gate of Segerea Prison.
The court heard also that on the same date and place, jointly and together and being assembled with intent of carrying a common unlawful purpose, the accused conducted themselves in such a manner as to cause persons in the neighborhood reasonably to fear that they will cause a breach of peace.
It is alleged that on March 13, 2020 at Segerea Prison in Ilala District, jointly and together, willfully and unlawfully, all the accused persons damaged the entrance gate of the prison, property of the government of the United Republic of Tanzania.
It is alleged further that on the same date and place in the city, Mdee and Bulaya uttered separate abusive words to the prison officer in such a manner that is likely to cause a breach of peace. Such words suggested to Sergeant John that he is a "puppet of CCM, lives in a tin house and paid 70,000/-."
Jacob was also charged with a similar offence of abusing the prison officer on the same day at Segerea Prison. He is alleged to have uttered unprinted words against Sergeant John, in such a manner that is likely to cause breach of peace.
The prosecution alleged also that on the same day at Segerea Prison within Ilala District in Dar es Salaam, Jacob assaulted the prison officer by strangling him and grabbing his shirt and tearing it, while such officer was guarding Segerea Prison in execution of the duties imposed on him by the law.