The High Court of Tanzania, Dar es Salaam Zone, has ruled that the National Chairman of CHADEMA, Tundu Lissu, has a case to answer in the treason case facing him, after the prosecution established a prima facie case.
The ruling was delivered today by a three-judge bench led by Hon. Justice Dunstan Ndunguru, following consideration of submissions from both sides and the testimony of 17 prosecution witnesses.
The Court further held that the prosecution has adduced sufficient evidence to warrant Hon. Lissu being placed on his defence.
“There is no dispute that those words were uttered at a public rally and in the presence of the media. The 17th prosecution witness testified that the said words were uttered by the accused in his presence and before other persons. At this stage, the Court finds that a prima facie case has been established and the accused has a case to answer,” Reads part of the ruling.
The Court clarified that at this stage, it is not required to evaluate the weight of the evidence in depth, but only to determine whether a prima facie case has been established to require the accused to answer the charges before a final determination is made.
Consequently, Hon. Tundu Lissu and his team of advocates are now required to prepare their defence and file a list of defence witnesses for the next stage of the proceedings.
In addition, Lissu has filed an application for witness summons, requesting the Court to issue summonses compelling their attendance to testify. The intended witnesses include senior Government officials, heads of security and defence organs, as well as CHADEMA leaders.
Among those listed is the President of the United Republic of Tanzania, H.E. Samia Suluhu Hassan, who also chairs the National Security Council.
Others are former Vice President, Hon. Philip Isdor Mpango; former Prime Minister, Hon. Kassim Majaliwa Majaliwa; Inspector General of Police (IGP), Camilius Wambura; Chief of Defence Forces (CDF), General John Mkunda; and the Director General of the Tanzania Intelligence and Security Service (TISS).
Lissu has further applied for summonses to be issued to the Director of Criminal Investigations (DCI), CP Ramadhan Kingai, as well as CHADEMA leaders including Secretary General John John Mnyika, Deputy Secretary General – Mainland Amani Golugwa, Vice Chairman – Mainland John Heche, and Director of Information, Communication and Publicity Brenda Rupia.
The next stage of the trial will be the defence hearing, with Lissu expected to testify as DW1 before his other witnesses are called to testify.
