MANYARA: THE Babati District Court has dismissed the abuse case against former Deputy Minister for Constitutional and Legal Affairs, Ms Pauline Gekul, who is the legislator for Babati Urban (CCM).
The decision was made on Wednesday under the jurisdiction of Principal Magistrate Victor Kimario, following the filing of a notice of nolle prosequi by the Director of Public Prosecutions (DPP).
Magistrate Kimario, who presided over the case, revealed that the DPP filed the notice of nolle prosequi, leading to the dismissal of the case.
Notably, no government lawyer was present in court during the proceedings, and the notice had been filed with the court registry.
The case had been initiated by Hashimu Ally through his legal representative, Peter Madeleka, invoking sections 128(2) and (4) of the Criminal Procedure Act (CPA), as amended in 2022.
Mr Madeleka explained that these sections empower individuals to file criminal cases without the involvement of the DPP.
MP Gekul was accused of assault and causing bodily harm under section 241 of the Penal Code, Chapter 16, as amended in 2022.
The complaint alleged that on November 11, 2023, in Babati, Manyara Region, Gekul, along with unidentified individuals, detained Hashimu, threatened him with a firearm, stripped him naked, and subjected him to physical assault, including forcing him to sit on a bottle.
The DPP's decision to file a notice of nolle prosequi, as permitted by section 91(1) of the CPA, allows for the dismissal of a criminal case at any stage before a court judgment, without the obligation to provide reasons for the decision.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The dismissal of the case has sparked diverse reactions from the public.
Some express disappointment, insisting on accountability for Gekul's alleged actions, while others support the decision, believing it aligns with the pursuit of justice.
The DPP, however, has not disclosed the reasons behind the dismissal.
Following the dismissal of the case, Madeleka expressed dissatisfaction with the decision and stated that they would promptly file an appeal to the High Court of Tanzania.
Ms Gekul was summoned to the Babati District Court in Manyara Region on December 11 this year.
The summons required Gekul to appear on December 27, 2023, to answer charges of assaulting and injuring Ally, contrary to Section 241 of the Penal Code.
This development comes after lawyer Madeleka filed a criminal case against Gekul on November 11, 2023. The allegations stem from a video that circulated online, where Ally claims, he was subjected to cruel treatment by the MP, including accusations of workplace witchcraft and food poisoning.
Ms Gekul's appointment as Deputy Minister of Constitution and Legal Affairs was revoked by President Samia Suluhu Hassan on November 11, 2023.
