MAWAKILI WA LEMA WAKATA RUFAA MAHAKAMA KUU

Na JANETH MUSHI – ARUSHA

BAADA ya Mahakama Kuu Kanda ya Arusha juzi kushindwa  kufanya marejeo ya mwenendo wa kesi za jinai zinazomkabili Mbunge wa Arusha Mjini, Godbless Lema (Chadema), mawakili wanaomtetea wamekata rufaa kwa hati ya dharura.

Akizungumza na waandishi wa habari jana, wakili wa Lema, Peter Kibatala, alisema wameshawasilisha rufaa hiyo kwa Msajili wa Mahakama Kuu Kanda ya Arusha, hivyo wanasubiri hati ya wito baada ya mchakato wa ndani ya mahakama kumalizika.

“Tumeshawasilisha rufaa kwa hati ya dharura, tunasubiri mchakato wa ndani ya mahakama tujue itapangwa kwa jaji gani na itapangwa lini, na kwa kuwa rufaa hii tumeandika kwa hati ya dharura, tunategemea itaitwa haraka,” alisema Kibatala.

Alitaja sababu za kukata rufaa hiyo kuwa ni pamoja na Mahakama Kuu juzi kutupa maombi yao, waliyokuwa wameiomba ifanye mapitio ya mwenendo na uamuzi uliotolewa na mahakama ya chini.

Kaimu Jaji Mfawidhi wa mahakama hiyo, Sekela Moshi, akitoa uamuzi juzi, alisema mbunge huyo ana haki ya kukata rufaa kupinga uamuzi huo badala ya kuiomba mahakama hiyo ifanye mapitio ya majalada ya kesi zinazomkabili.

Kibatala alitaja sababu nyingine kuwa ni kutokuridhika na uamuzi uliotolewa na Mahakama ya Hakimu Mkazi Arusha mbele ya Hakimu Desderi Kamugisha, ambayo ilitupilia mbali pingamizi la dhamana lililokuwa limewekwa na mawakili wa Serikali waliotaka mshtakiwa asipewe dhamana.

Alieleza kuwa Hakimu Kamugisha alisema mahakama hiyo inampa Lema dhamana kwa masharti itakayoweka, ila kabla hajamaliza kutoa uamuzi wake, mawakili wa Serikali walikuwa wamekwisha kuandaa notisi ya rufaa juu ya uamuzi huo na hoja hiyo ikaridhiwa na mahakama.

Alidai katika mwenendo na uamuzi huo uliokuwa na kurasa 22, hakimu alikuwa amefikia ukurasa wa 21 akiendelea kutoa uamuzi, ambapo alisema mahakama inamwachia Lema kwa dhamana ila kwa masharti atakayopangiwa na mahakama hiyo.

Kibatala alidai kuwa hayo ni makosa ya sheria kwa mahakama kukubali maombi ya mawakili wa Serikali kabla haijamaliza kutoa uamuzi wake na kuamua kumnyima Lema haki yake ya dhamana, wakati tayari ilishaamua kumpa dhamana kabla ya kukatwa rufaa.

Katika kesi hizo za jinai namba 440 na 441 za mwaka huu, Lema anatuhumiwa kutoa lugha za uchochezi dhidi ya Rais Dk. John Magufuli kupitia mikutano ya hadhara katika maeneo mbalimbali jijini hapa.

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