Petition filed in Tanzania’s High Court against TLS, DPP, AG in gang rape case

Dodoma. A case has been filed at the High Court of Tanzania against the Tanzania Law Society (TLS), the Director of Public Prosecutions (DPP), and the Attorney General (AG) in connection with the gang rape trial of a resident of Yombo Dovya in Dar es Salaam.

The motion for reconsideration No. 23476/2024 was filed on Friday, August 23, 2024, by Leonard Mashabara and was privately heard before Judge Suleiman Hassan.

The new development has caused the postponement of sodomy and gang rape that has been taking place at the Dodoma Resident Magistrate’s Court under Principal Resident Magistrate Zabibu Mpangule until August 28, 2024.

Speaking to reporters on Friday, August 23, 2024, advocate Emmanuel Anthony, representing Mr Mashabara, told The Citizen’s sister newspaper Mwananchi that the applicant is requesting the court to review the records and proceedings of the criminal case involving the sodomy and gang rape, which is currently before Principal Magistrate Mpangule.

“We are asking the High Court to verify the legitimacy of the lawyers, who are members of the Tanganyika Law Society (TLS), representing or defending the accused, given that TLS, through its leadership council, issued a statement on August 5, 2024, declaring that the suspects are criminals,” he said.

He said TLS promised to cooperate with criminal justice institutions, including the police, prosecutors, the Prison Service, and other justice agencies.

The attorney requested that the court clarify whether it is lawful for those lawyers to continue representing the defendants.

According to him, the parties responding to the motion are TLS, the Director of Public Prosecutions (DPP), and the Attorney General (AG).

Other lawyers involved include Godfrey Wasonga, Meshack Ngamando, Boniventura Njeru, and Sadick Omary, representing the accused persons in the case.

The accused in the case include members of the Tanzania People's Defence Force (TPDF): MT 140105 Clinton Damas, also known as Nyundo; Prison Officer C.1693 Praygod Mushi; Nickson Jackson ‘Machuche’; and Amin Lema, also known as Kindamba.

Advocate Ezekiel Mwakabeje, representing TLS, said the case has been mentioned, and the High Court has given the respondents time to submit counter-affidavits or objections to the motion.

They have been given until Monday, August 26, 2024, before 9:30 am to submit their affidavits to determine when the case will be heard.

Regarding the criminal case against Nyundo and others, which is also being heard privately, advocate Ngamando said it didn’t continue due to the filing of the reconsideration motion.

The Assistant Director of the National Prosecution Office, Renatus Mkude, confirmed the case postponement.