Two jailed for insulting JPM
THE Mbeya Resident Magistrate’s Court yesterday sentenced the Member of Parliament for Mbeya Urban under Chadema, Joseph Mbilinyi, alias Sugu and the opposition party’s Zonal Secretary, Emmanuel Masonga, to five months in jail each for insulting President John Magufuli.
Resident Magistrate in Charge of the Court Michael Mteite, imposed the sentence after convicting the duo of the offence, having being satisfied by the evidence tendered during the trial by prosecution witnesses.
In the well attended session, where the judgment was delivered for almost two hours, the magistrate said that the prosecution sufficiently discharged their duty of proving their case beyond reasonable doubt, that they actually committed the offence. He said that it is true that they uttered the offensive words, which were directed to the head of state, Dr Magufuli.
The prosecution’s evidence, he noted, was supported by witnesses who had heard the utterances. During the defence hearing, the second accused had given a defence of alibi, meaning that he was not present at the scene at the time the offence was committed.
He claimed that on the material day, he was at home attending his sick wife. In the judgment, however, the magistrate dismissed the line of defence, pointing out that the accused ought to have raised a notice of such defence at the earliest stage of the criminal trial.
He further said that the accused had another opportunity of raising the defence before the prosecution closed its case. Before imposing the sentence, the prosecution, led by Principal State Attorney Joseph Pande, asked the court to punish the convicts severely, considering that the words that had been uttered were insults to the Headof State and that they were likely to cause the breach of peace.
Through their advocate Peter Kibatala, the duo requested the court to deliver a lenient sentence, since his clients had been in remand for about a month and proposed an alternative sentence for offences whose punishment was below six months, in order to reduce congestions in prisons. The accused persons were arraigned for the first time to answer the count on January 16, 2018. of abusing the president.
They both denied the charge. The prosecution, led by Principal State Attorney Joseph Pande had told the court that the accused persons committed the offence on December 30, 2017 at Mwenge Primary School grounds within Mbeya City.
The case attracted the attention of many people from the city and neighbouring regions. It was conducted for about 28 days, excluding weekend days since the accused persons were brought before the court for the first time.
During delivery of the judgment, the police enhanced security around the court premises and other areas within the city, a situation which caused groups of members from the opposition party, who used to attend the hearing sessions of the trial, to be in a disorganised state. Police in a high state of alert conducted patrols, to contain any chaos that may have erupted.
It rained heavily during delivery of the judgment session, forcing a few people who had gathered around the court premises to disperse.
Resident Magistrate in Charge of the Court Michael Mteite, imposed the sentence after convicting the duo of the offence, having being satisfied by the evidence tendered during the trial by prosecution witnesses.
In the well attended session, where the judgment was delivered for almost two hours, the magistrate said that the prosecution sufficiently discharged their duty of proving their case beyond reasonable doubt, that they actually committed the offence. He said that it is true that they uttered the offensive words, which were directed to the head of state, Dr Magufuli.
The prosecution’s evidence, he noted, was supported by witnesses who had heard the utterances. During the defence hearing, the second accused had given a defence of alibi, meaning that he was not present at the scene at the time the offence was committed.
He claimed that on the material day, he was at home attending his sick wife. In the judgment, however, the magistrate dismissed the line of defence, pointing out that the accused ought to have raised a notice of such defence at the earliest stage of the criminal trial.
He further said that the accused had another opportunity of raising the defence before the prosecution closed its case. Before imposing the sentence, the prosecution, led by Principal State Attorney Joseph Pande, asked the court to punish the convicts severely, considering that the words that had been uttered were insults to the Headof State and that they were likely to cause the breach of peace.
Through their advocate Peter Kibatala, the duo requested the court to deliver a lenient sentence, since his clients had been in remand for about a month and proposed an alternative sentence for offences whose punishment was below six months, in order to reduce congestions in prisons. The accused persons were arraigned for the first time to answer the count on January 16, 2018. of abusing the president.
They both denied the charge. The prosecution, led by Principal State Attorney Joseph Pande had told the court that the accused persons committed the offence on December 30, 2017 at Mwenge Primary School grounds within Mbeya City.
The case attracted the attention of many people from the city and neighbouring regions. It was conducted for about 28 days, excluding weekend days since the accused persons were brought before the court for the first time.
During delivery of the judgment, the police enhanced security around the court premises and other areas within the city, a situation which caused groups of members from the opposition party, who used to attend the hearing sessions of the trial, to be in a disorganised state. Police in a high state of alert conducted patrols, to contain any chaos that may have erupted.
It rained heavily during delivery of the judgment session, forcing a few people who had gathered around the court premises to disperse.
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