Vituko Mitaani

Wilfred Lwakatare, Chama cha Demokrasia na Maendeleo (Chadema) Defence and Security Director yesterday walked out of custody leaving behind his co-accused Ludovick Joseph who failed to meet his bail conditions.

Magistrate Aloyce Katemana of the Kisutu Resident Magistrate’s Court yesterday granted bail to the two opposition party officials who are charged with one count of conspiracy to maliciously administer poison with the intent to harm Denis Msacky contrary to Section 227 of the Penal Code.

Katemana cited the bail conditions as, provision of at least two sureties to sign a 10m/- bail bond; the accused to surrender their travelling passes and also not to travel outside Dar es Salaam without the court’s permission.

Lwakatare’s sureties were the Sinza ward Councillor (Chadema) Renatus Pamba and Kimara ward Councillor (Chadema) Pascal Manota who signed a bond of 10m/- each.
The sureties declared dictum before the court that the accused shall be attending the court as would be required.

But for Ludovick Joseph, Magistrate Katemana said he did not meet the bail conditions but that they remain open and he will be granted his legal right as soon as he fulfills them and adjourned the case to June 24 for mention.

Speaking to journalists outside the court room, Lwakatare applauded followers of his party and his family members for their courage and support during the whole time he was in custody, over three months.

Lwakatare and Ludovick appeared before the Kisutu Resident Magistrate’s Court in the city for the first time on March 18, this year charged with four counts of terrorism. According to the charge sheet, it was alleged that the accused committed the offence on December 28, 2012 at Kimara Stop Over- in King’ong’o area, Dar es Salaam Region.

It was further alleged that on the material day the duo conspired to maliciously administer poison with intent to harm Denis Msacky, contrary to Section 227 of the Penal Code.

In the second count, the accused were alleged to have conspired to kidnap Msacky contrary to Section 4 (2) of the Prevention of Terrorism Act Number 21 of 2002.

In the third count it was alleged that on the same date and place, the accused planned and participated in a meeting, knowing that it was concerned with an act of terrorism, particularly plotting to kidnap Msacky contrary to the same section of the 2002 Act.

Further, it was alleged in the fourth count on the same date that Lwakatare allowed a meeting to be held in his house while he was aware that the occasion was meant to execute a kidnapping, a crime under the 2002 Act on terrorism.

But last month, May 8, the High Court of Tanzania nullified three of the said terrorism counts facing Lwakatare and Joseph for lack of evidence to prove that the meeting they held was linked to the purported terrorism act.

With that High court decision, the accused face only one count, conspiracy to maliciously administer poison with the intent to harm Denis Msacky contrary to Section 227 of the Penal Code.