Hon. Tundu Lissu ordered to appear in court to explain why the court shouldn’t revoke his bail after no show

Principal Resident Magistrate Thomas Simba gave the order after the Chadema MP failed to attend the court session at which a ruling on preliminary objection on the validity of some counts he is charged with, had to be read over to him and his three co-accused.

The magistrate said that the lawmaker has exhibited a conduct either not attending court sessions as required or arriving late.
“The case should come tomorrow (today) for him to account why bail should not be cancelled. We want to know whether the accused person is present or has absconded,” he said.

Before issuing the order, the magistrate dismissed the grounds of objections raised by advocate Peter Kibatala, for the accused, to the effect that the prosecution had no right to read over afresh some counts, which were previously rejected by the court.

Magistrate Simba said the previous counts were “struck out” on the basis that they were not accompanied by the consent of the Director of Public Prosecutions (DPP).

But, the position, he said, could not bar the prosecution from bringing back the counts upon rectification of the error. The court’s decision appeared to have aggrieved the defence counsel that expressed their intention to appeal to the High Court.

In order to facilitate the mission, advocate Kibatala requested the court to supply him with typed copy of the ruling and proceedings, the request, which the magistrate granted. Other accused persons in the matter are senior journalist Simon Mkina, the publisher, Ismail Mehbood and seasoned journalist Jabir Yunus.

The charges include conspiracy to publish a seditious publication, publishing and printing a seditious publication and printing a newspaper without submission of an affidavit. They are charged with an alternative count of intimidation to the charge of publishing seditious publication. It is alleged that between January 12 and 14, this year, at unknown place in the city, Yunus, Mkina and Lissu conspired to publish the seditious publication.

According to the prosecution, the publication bore title “Machafuko yaja Zanzibar,” in the Mawio newspaper of January 14, 2016. The prosecution alleged the accused published the seditions, with intent to excite disaffection to the citizen of Zanzibar against lawful authority of the Revolutionary Government of Zanzibar.

On January 13, this year, at Jamana House area in Ilala District, Mehbood printed the seditious contents in the newspaper for similar purposes and that printed Mawio Newspaper without prior submission of an affidavit to the Registrar of Newspapers. Yunus, Mkina and Lissu were charged with an alternative count of intimidation to that of publishing seditious publication.

The prosecution told the court that the accused committed the offence on January 14, this year. It is alleged that wrongfully and without legal authority, the trio having published the article in controversy intimidated the people of Zanzibar to refrain from the conduct of the re-run of the Zanzibar General Elections, 2016.

The accused, according to the prosecution, had indicated in the article that the re-run of the elections would lead into an outbreak of war and public unrest, resulting into bloodshed.

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