Death in the family halts MP’s abusive language case

09Mar 2016
Karama Kenyunko
News
The Guardian
Death in the family halts MP’s abusive language case

THE Kisutu Resident Magistrate’s Court in Dar es Salaam over the weekend failed to hear the defence testimony of Ubungo Member of Parliament Saed Kubenea, who is facing charges of using abusive language, because he is attending a funeral.

Saed Kubenea

The prosecution led by Principal State Attorney Mutalemwa Kishenyi informed the court that they rest their case and it was now up to the accused and his witnesses to start giving their defense testimony.

But Kubenea’s advocate Peter Kibatala claimed before the court that they promised the court that they would have four witnesses but the accused Kubenea who was supposed to be the first witness is attending a funeral and asked the court to postponed the case until today.

The presiding Magistrate, Thomas Simba postponed the case until today.
Kubenea was supposed to start giving his testimony after the court found him with a case to answer last week.

In the case, Kubenea is accused of abusing Kinondoni District Commissioner Paul Makonda. He is alleged to have told the DC: “Wewe kibaka, mpumbavu, mjinga na cheo chenyewe cha kupewa tu,” literally meaning: “You are a petty thief, stupid, ignorant and your appointment as DC was given to you as a favour.”

The prosecution led by State Attorney Credo Rugaju claimed before resident Magistrate Thomas Simba during the hearing on Wednesday that they did not intend to call other witnesses.

After listening to the prosecution, Magistrate Simba said he would give a ruling on March 3 if the accused has a case to answer or not.
In the case, the prosecution called three witnesses including the DC, who was the first to testify against the accused.

During the hearing, the DC told the court that he did not expect to be attacked with abusive language by a person of Kubenea’s calibre.

According to the charge sheet, it is alleged that the MP committed the offence on December 14, this year, at TOOKU Garments Company Limited factory in Mabibo External, Kinondoni District in Dar es Salaam.

Specifically, Kubenea is alleged to have used abusive language against the DC in a manner claimed to have caused a breach of the peace.
Police did not hesitate to arrest the former journalist in connection with the offence after the exchange of words with the DC.

It is said that the MP had reportedly gone to talk to the workers and their employers over a dispute concerning payments.

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