Prosecution appeal stalls CDF poisoning case

The prosecution led by State Attorney Estazia Martin alleged before the court that the case yesterday came for hearing but she didn’t have the case file because it is still at the High court.
Magistrate Mwijage adjourned the case until March 3 this year.
Earlier this year, the court withdrew the certificate and granted bail to the accused by setting bail conditions which Ngonyani fulfilled and was released from remand.
The bail conditions for the accused were set after he had spent more than a month in custody after the prosecution issued a certificate denying him bail on grounds that his safety and the interests of the republic would be prejudiced.
Before setting the conditions, Resident Magistrate Respicius Mwijage, said: “The certificate, as stipulated under Section 148(4), of the CPA Cap 20 and the powers vested in the DPP when claiming the interests and safety of the republic to be under prejudice, must not be issued in a stereotyped manner”.
“The serious nature and circumstances of the offence must be highly considered and not otherwise. Nevertheless, the seriousness of the offence is also not static,” he added.
He said neither the prosecution nor the defence had addressed the court about the whereabouts of the alleged poisoned Mwamunyange and if he has been seen in public.
“The accused is a student, so the bail denial to him will not only curtail his liberty before being found guilty but also deny his right to attend classes,” he said.
According to the charge sheet, it is alleged that the accused committed the offence on September 25, last year, within Dar es Salaam region.
The prosecution alleges that on the said date, the accused published on Facebook information that CDF General Davis Mwamunyange had been poisoned, knowing that such information was false and intended to mislead the public.