Key State Witness Testimony in the Freeman Mbowe and the Co-Accused Case

Key state witness, Lieutenant Dennis Urio was on the witness box for five days giving testimony on the alleged terrorism charges facing Freeman Mbowe and the Co-accused
The Chanzo Reporter6 February 202288 min

On January 26, 2022, a case against CHADEMA national chairperson Freeman Mbowe and his co-accused Khalfan Bwire Hassan, Adam Hassan Kasekwa and Mohamed Abdilahi Ling’wenya continued with key prosecution witness Lieutenant Denis Leo Urio appearing at the witness box.

It took fIVE days  for the state and defense counsels to examine the testimony presented by Lieutenant Denis Leo Urio before the court. Below are the proceedings that commenced on January 26 and concluded on February 1, 2022.

In the High Court of Tanzania, Corruption and Economic Crime Division Division, Case No. 63 of 2020, Republic V Khalfan Hassan Bwire, Adam Hassan Kasekwa, Mohamed Abdilahi and Freeman Aikael Mbowe.

Prosecution: Panel led by Robert Kidando, Pius Hilla, Abdallha Chavula, Jenitreza Kitali, Nasoro Kituga, Ester Martin, Tulimanywa Majige and Ignus Mwinuka.

Defense: Panel  led by Peter Kibatala, Nashon Nkungu, John Malya, Dickson Matata, Maria Mushi, Hadija Aron, Selemani Mtauka, Idd Msawanga, Michael Lugina.

State counsel: Honorable judge, we have brought another witness today. He will be the twelfth witness.

The witness enters the Court and ascends the dock.

Judge: Your names?

Witness: My name is Lieutenant  Denis Leo Urio.

Judge:  Age?

Witness: 42.

Judge: Your tribe?

Witness: Chaga.

Judge: Religion?

Witness: Christian.

Judge: Your Job?

Witness: I’m an officer in the Tanzania People’s Defense Forces (TPDF).

The clerk then leads him to take an oath

State counsel: Remind us of your names?

Witness: Lieutenant Denis Leo Urio.

State counsel: Where are you residing?

Witness: Ngerengere, Morogoro.

State counsel: What is your Job?

Witness: I’m an officer in Tanzania People’s Defense Forces (TPDF).

State counsel: Your work station?

Witness: 92 KJ [Military camp] Ngerengere, Morogoro.

State counsel:  Your rank in the army?

Witness: Lieutenant of the TPDF.

State counsel: What are your responsibilities?

Witness: Platoon Commander and to supervise subordinate soldiers.

State counsel: How many subordinates are you supervising?

Witness: Usually, one officer supervises thirty soldiers who have Special Force training.

State counsel: How long have you been working with TPDF?

Witness: Eighteen Years.

State counsel: When did you join TPDF?

Witness: On June 16, 2003.

State counsel: What are the responsibilities of TPDF?

Witness: Defending territorial integrity and peacekeeping in countries with conflict.

State counsel:  For how long have you been an officer in the TPDF?

Witness:  Six years.

State counsel: Have you participated in any peacemaking mission?

Witness: I was deployed in the Darfur Sudan Peacekeeping  Mission  in 2011 and 2019.

State counsel:  What were your responsibilities in the peacekeeping  mission?

Witness: To protect and provide security to staff who are not military personnel working on the Peacekeeping Mission.

State counsel: How did you know Khalfan Bwire?

Witness: I know him for a long time; I trained and worked with him at 92 KJ [military camp].

State counsel: You knew him since when?

Witness: Since 2006 to 2009.

State counsel: What were his responsibilities?

Witness: He was section commander leading nine soldiers.

State counsel: What was his rank?

Witness: He was a Corporal.

State counsel: When did he quit the job at  92 KJ?

Witness: In 2019.

State counsel: What happened?

Witness: He was expelled from TPDF due to disciplinary matters.

State counsel: When he was expelled, where were you?

Witness: I was on a peacekeeping mission in Darfur, Sudan.

State counsel: When did you come to know that Khalfan Bwire was expelled due to disciplinary offenses?

Witness: On March 2020 when I came back from Darfur, Sudan

State counsel: Which circumstances led you to know that he was expelled?

Witness: I received information from the battalion administration officer, whose responsibility is to watch all soldiers  and officers.

State counsel:  How was your  relationship with Khalfan Bwire from 2006 up to 2019?

Witness: We had a good relationship.

State counsel: Tell the court, what was your relationship after he was expelled?

Witness: It was good.

State counsel: Do you know Adam Hassan Kasekwa, also  known as Adamoo?

Witness: I have known him since 2012, it’s when I received him at 92 KJ battalian. I trained him.

State counsel:  He worked at 92 KJ battalion until when?

Witness: Until 2018.

State counsel: What happened in 2018?

Witness: He was expelled from TPDF due to disciplinary matters.

State counsel: What was his rank?

Witness: He was Private not incharge of anyone but he was under someone.

State counsel:  When he was expelled, where were you?

Witness: I was informed by the battalion administration officer in his office  after coming back from Arusha.

State counsel:  What was your relationship before and after he was expelled from the job?

Witness: It was good, we had  normal communication even after he was expelled.

State counsel: How do you know Mohamed Abdilah Ling’wenya?

Witness: I know him. I worked with him at the 92 KJ battalion from 2010 to 2017.

State counsel:  What happened after 2017?

Witness: He was expelled for disciplinary matters.

State counsel: What was his rank?

Witness: He was a private Soldier.

State counsel: What was your relationship before and after he was expelled from the job?

Witness: It was good.

State counsel: When he was expelled, where were you?

Witness: I was on Special Task Force Operation.

State counsel: When did you come to know that he was expelled?

Witness: After I came back, I received information from the Battalion administration officer at his office.

State counsel: How can you identify Khalfan Bwire before the court?

Witness: I worked with him for 10 years, I can recognize him through body morphology, he is in front of me beside a prison officer.

State counsel:  How can you identify Adam Kasekwa here before the court?

Witness: I worked with him for five years. I can recognize him through body morphology. He is the second person from Khalfan Bwire, right side.

State counsel: How can you identify Mohammed Abdilah Ling’wenya here before the court?

Witness: I worked with him for five years, it’s through physical appearance. He has scars on his face and hands. He is  there beside Bwire.

State counsel:  Can you tell the court what were the responsibilities of Adam Kasekwa and Mohamed Ling’wenya as Private Soldiers at 92 KJ?

Witness: They were doing TPDF duties in general.

State counsel: Where do Khalfani Hassan Bwire, Adam Hassan Kasekwa and Mohammed Abdilah Ling’wenya residing when they were working at  92 KJ?

Witness: Khalfani Bwire at  Ngerengere, Adam Kasekwa at Chalinze and Mohamed Ling’wenya at Chalinze.

State counsel:  Can you tell the court that when you were in Darfur, Sudan, at your residence, who were you residing with?

Witness: Only leaders.

State counsel: Were there any private soldiers at the Darfur, Sudan Peacekeeping Mission?

Witness: I don’t remember.

State counsel:  What is your relationship with Freeman Mbowe?

Witness: We knew each other from  2008 up to  2020.

State counsel:  Which circumstances made you know each other?

Witness:  In 2008, Freeman called me through the phone mentioning my full names.

State counsel: Can you remember the date you were called by Freeman?

Witness: I can’t remember, I just remember his number which is  0754612518.

 State counsel: What did he tell you?

Witness: He asked me if I am Denis Urio, I told him yes. He said you are a soldier?  I responded yes and because I knew him through the media, I decided to greet him. He said, Are you from Kilimanjaro? I responded yes. Then he said I am your fellow tribesman. He was confirming my profile and our relationship started there.

State counsel: Where did he get your phone number?

Witness:  I don’t know, he told me that, don’t be scared, to have your number is just a normal thing.

State counsel:  After that day, you were communicating regularly?

Witness:  We continued with communication, he wished me on every public holiday.

State counsel:  When did you meet with him face to face?

Witness:  It was in 2012, I don’t remember the date.

State counsel: Sorry, when did you come back from Darfur, Sudan mission?

Witness:  October 2011, I don’t remember the exact date.

State counsel: What circumstances made you meet 2012?

Witness:  I was called by Freeman Mbowe through the phone. I was at Mgulani Military Camp (Saba saba). He asked me where were you? I told him the place then he told me there are things to talk about. He asked me to meet him at the CASA Motel, Mikocheni, if I am not mistaken.

State counsel: What did you do after that?

Witness:  I told him that I am not familiar with the place, he told me to find a taxi driver. I did as he suggested. When I arrived at the CASA Motel I called him. He asked me how much for the taxi driver, I told him just Sh20,000. He paid the taxi driver.

State counsel: What was the time when Freeman called you and the time you arrived at CASA Motel?

Witness:  Around 13:00 PM up to 15:00 PM hours.

State counsel:   How many people were there at your meeting?

Witness:  We were only two people.

State counsel: Can you tell the court what was the conversation about?

Witness: Just three things, who am I? What is my rank in the army, and what am I doing? I told him, I don’t have any rank, I don’t have any title, I am working in Morogoro, my home place is Kilimanjaro, in rural Moshi.

State counsel: Did he want to know your opinion about opposition parties?

Witness: I told him I am non-partisan but my entitlement is to respect any government leader in authority. He asked which companies are providing ICT services to TPDF. I asked him why he wanted to work with companies which provide ICT services to the military? He said he wants to make surveillance  of his fellow leaders  in order to detect who leaks CHADEMA secrets.

State counsel:  What were your responses?

Witness:  I advised him to go to Higher Learning Institutions for a solution, after that, he called a taxi driver, he paid the cost and I vacated the place. It was around 15:00 PM to 17:00 PM when I arrived at Mgulani Military Camp.

State counsel: After that meeting what was the status of communication?

Witness:  We continued communicating.

State counsel: When was the second time you met face to face?

Witness: It was between July 26 and July 30, 2020,  when I sawa number of  missed calls from an unknown number in my phone. I thought it was from my family but when I called back, someone who picked my call said, Chairman was looking for you. Then that number called me again and said here is your brother  from Dodoma, Freeman Mbowe. ” I greeted  him, “Shikamoo.” [Swahili greeting for person who is older]

State counsel: What followed?

Witness: He told me there are important things to talk about. I told him we can talk through the phone. He said it was not appropriate. I told him I have tight schedules so we can’t meet.

State counsel: What was the time?

Witness:  Around 16:00 PM.

State counsel: Where were you?

Witness: I was in Morogoro during my leave. We continued to communicate with Freeman by different numbers. After some time, in July 2020, I came to Dar es Salaam for personal issues. I called him  around 16:00 PM but he didn’t pick up my call. I decided to go to Mgulani Military Camp, but during the evening he called me back and apologized to me that he was busy and asked for a meeting.

State counsel: You have referred to the name “Homeboy” several times, what do you mean?

Witness: Always, Freeman Mbowe used to call me by that name, but I don’t know what it means.

State counsel:   What happened after that?

Witness:  He asked me to go to Mikocheni but I told him I am not familiar with the place. He told me to find a taxi driver or ‘Bodaboda’ [Motorcycle driver]. I found Bodaboda who was given directions through a call.

State counsel: Heading to Mikocheni, what was your destination ?

Witness:  I don’t know clearly but there was a cafe and I called him but he didn’t pick up the call. Immediately, a man asked me if I was Denis Urio, I responded positively. He paid for the bodoboda driver Sh10,000 and took me to Freeman Mbowe, then he went away.

State counsel: What was the time?

Witness:  Before 17:00 Hours.

State counsel:  When you were calling him and later when he called you back,  which number did he use?

Witness:  Not his number.

State counsel:  Which number did you use to call him?

Witness: His Airtel and Tigo number, but he didn’t pick up  the call.

State counsel: How many people were there?

Witness: We were only two people.

State counsel:  What happened?

Witness: He was drinking Red Bull. He called the waiter and I asked for a Malta drink.

State counsel:  What did Mbowe tell you?

Witness:  After greetings, he said, home boy, in this year [2020] there is a general election. So my party has planned to take the government  by whatever means. Do you see how poor people are suffering? We knew each other for a long time now. We are from one region but also you are Chaga [tribe] like me.

When we win the election and lead a government, do you think you will be the same? I know you have a network with retired soldiers and those who were expelled from TPDF; those who were trained in special forces [Commandos]. Please find them for me, those trained commandos who will accompany me in my party struggle to take the government.

He told me that he wants to instigate chaos until the  ruling party see that it has failed to lead the country, promote instability, and breach of peace by bombing petrol station, bombing  markets in populated cities, cutting  large trees along side all roads so as to obstruct transport services specifically in Dar es Salaam, Mwanza, Arusha, Moshi town and Morogoro and Iringa.

State counsel: Continue.

Witness:  To attack government leaders who are an obstacle to opposition parties. He then told me “home boy, help me to find them, it’s urgent.”

State counsel:  After you received his intention what did you do?

Witness: I accepted.

State counsel: Why did you accept it?

Witness:  From my experience as a soldier, I used tactical appreciation technique. I thought there is me and Tanzania, I am nothing but Tanzania. I thought he may have plan A, B and C so if I denied his request he may look for an alternative. I decided to accept his request to prevent his intention to be executed.

State counsel:  Tell the court, how many people were needed?

Witness: Unlimited, depends on the people who will be available.

State counsel: What then?

Witness:  He paid the taxi driver and I was taken to Mgulani Military Camp, I don’t know how much he paid for the tax.

State counsel: What action did you take after that information?

Witness: I failed to hold that information. I decided to call DCI Robert Boaz around 21:00 hours night

State counsel: Who is DCI?

Witness: Director of Criminal Investigation.  I told him about Mbowe’s plan as explained above. He told me to come the next day at his office.

State counsel: Can you remember the phone number of DCI Robert Boaz you used to call?

Witness: I can’t remember it.

State counsel: He told you to go to his office, where and when?

Witness:   Police Headquarter at Posta Dar es Salaam, in the morning.

State counsel: Did you go?

Witness:  I went to his office; I was received by a receptionist who directed me to the seventh floor where the office of DCI Boaz  is located.

State counsel: Before that day, when did you visit that office?

Witness:   I think 2017 and 2014.

State counsel: Who told you that the DCI Office is on the 7th floor?

Witness: Receptionist directed me to the 7th floor; the elevator was not working so I had to walk up to the 7th floor.

State counsel: Can you clarify the situation and environment?

Witness:  After I arrived, I met his personal secretary. I introduced myself and told her that I have an appointment with DCI. She told me to sit first while she was doing communication. Then she allowed me to go inside where I met DCI Boaz. I introduced myself and reminded him that I was the one we talked to yesterday.

State counsel: Honorable judge, it’s almost 13:00 hours, we are asking for adjournment for a health break then the session to be resumed later.

Judge: Defense counsel?

State counsel:  No objection my honorable judge but we propose this adjournment to take 45 minutes.

Judge: Adjourned, we shall return after forty five minutes

 

HEALTH BREAK

Session resumed

State counsel: What did you tell  DCI Boaz?

Witness:  That I am the one who called him yesterday and I started briefing him about Freeman Mbowe’s plans. During my conversation with DCI, another person entered the office after 15 minutes. It was the first time I met that person.

State counsel: Then?

Witness: DCI Boaz introduced me to ASP [Assistant Superintendent of Police] Ramadhani  Kingai and told me to start again the story about Freeman Mbowe plans. Then I told them.

State counsel: After you provided them with that information, what followed?

Witness:  DCI and ASP Kingai started to talk privately, then DCI ordered me to take ASP Kingai number and I was instructed by DCI to report everything to Ramadhani Kingai

State counsel: He asked, how many numbers are needed?

Witness:  Unlimited number. I was tasked to recruit those ex-soldiers and to report to ASP Kingai every step. I was tasked to instruct my recruit  to investigate Freeman Mbowe moves and if they find anything with an element of criminality should be reported.

State counsel: What followed?

Witness: I found Mosses Lijenje who was expelled from TPDF in 2008 at 92 KJ battalion. I knew him from 2003-2008. He was expelled on disciplinary matters. I called him through the telephone and I found he was working at YAPI on SGR-Project. I told him if he is ready to work as a security guard for Freeman Mbowe, and said he is ready to work since he was retrenched from work as a result of the Corona pandemic.

State counsel: Another person you found?

Witness:  I called Khalfan Bwire. I told him that Freeman Mbowe needs a security guard, are you ready for work? He said he was ready since he had a temporary  job of transporting cars from Dar es Salaam to Tunduma [border town], he accepted. I told him to wait since I was waiting for a call from Freeman Mbowe. After a few days I was called by him  saying, Homeboy, what is the progress? I told him people are ready, just what is needed is Tsh. 500,000 for mobilization.

State counsel: What was the mode of communication?

Witness:  Through Telegram application because he was not picking normal calls.   On July 20, 2020, I received  Sh 500,000from his number  0719933386.

State counsel: What was the purpose of that money?

Witness: To mobilize people who will cooperate with him  to execute terrorism.

State counsel:  What did you do after that?

Witness:  I reported to ASP Kingai. He told me to proceed with the plan. The same day I called Moses Lijenje  and Halfani Bwire telling them to come to Morogoro. They confirmed that they would meet with me.

State counsel: After you received that amount how much  was withdrawn?

Witness: Sh 499,000.

State counsel: Then?

Witness:  I told them that you took an oath as soldiers so if there is any sign of a criminal they should report back to me. After the meeting, I gave them Sh300,000.

State counsel: What did you do after that?

Witness:  I called Freeman through Telegram and assured him that those ex-military soldiers had been found.  He told me to tell them to come and they will be received by his driver Willy. After I was sure that they had vacated, I went also to Dar es Salaam and reported to ASP Kingai that Mosses Lijenje and Halfan Bwire are on the way to Freeman Mbowe.

State counsel:  What followed after that?

Witness:  Freeman Mbowe told me he needed others and I found two more people, Adam Kasekwa and Mohamed Ling’wenya. I found them through the phone. I called Mohamed Ling’wenya and Lingwenya called Adam Kasekwa and they came together. I met with them at Msamvu Bus Stand in Morogoro.

State counsel: What did you tell them?

Witness: I told them Freeman Mbowe wants trained soldiers “commando “ for self protection.  I gave them  Sh 199,000 thereafter. I reported to  Freeman Mbowe and he sent Sh195,000 via mobile money agent to my number 0787555200.

State counsel:  Why was the amount sent through the mobile money agent?

Witness:  Because, he sent someone to send that amount and I confirmed to receive the amount through Telegram. I gave that money to them in order to facilitate to go to Dar es Salaam

State counsel: After you gave them money, what followed?

Witness:  They started their journey from Morogoro to Dar es Salaam. I called Freeman but he didn’t pick my call. I decided to call Willy so that he can receive them.

State counsel:  Why did you find those people for the purpose of executing criminal offenses?

Witness:  I did it for security purposes. Those are trained soldiers with oath and that’s why I told them when they see criminal offenses they should report in order to prevent the occurrence.

State counsel: What happened after that?

Witness: He was not picking up my call, even answering my text, immediately, I started to be useless.

State counsel:  When did you communicate with Adam Kasekwa?

Witness: I never communicated with him.

State counsel:  When did you communicate with Mohamed Lingweya?

Witness: He was not picking up my call. I wanted to know the progress, but he communicated through text via Whatsapp saying that: Our boss is going to employ us and will be paying us on a monthly basis.

State counsel: What followed after that?

Witness: I continued to communicate with Khalfan Bwire though he was very busy.  One day, he said to me that they are in Dar es Salaam but soon they will go to Moshi because there is a task to be done. I asked him which task specifically? He replied “I don’t know.”

State counsel: When did you communicate again?

Witness: On August 4, 2020. He told me I’m  sorry brother, I didn’t find you as you instructed because of being busy, that job you instructed me to work here is not the same. Freeman Mbowe convinced us to do another job where Mohamed Lingwenya, Adam Kasekwa and Mosses Lijenje are at Moshi this time; they have been given the task of attacking [former Hai] District Commissioner Lengai Ole Sabaya  before August 7, 2020. That task should be done because on August 12, 2020, there is another task in Dar es Salaam of burning down a petrol station.

State counsel:  After he gave you that information what did you do?

Witness:  I told him to continue giving me back feedback. Instantly, between 08:00 and 09:00 Hours  I called ASP Kingai to give him the report, that those three people are in Moshi to execute the criminal offense of attacking Hai DC and they are doing surveillance in Moshi and Arusha.

State counsel: Where did you get that information?

Witness: From Halfan Bwire on August 4, 2020.

State counsel:   After that, what did you do?

Witness: He said thanks. On August 5, 2020, I called Halfan Bwire. He said those young brothers were arrested, that is, Mohamed Lingwenya and Adam Kasekwa.

State counsel: Then what did you do after that?

Witness: I asked Freeman if he was aware of that information, he told me that he knew it.

State counsel: What did you do after that?

Witness:  I called Freeman several times but he didn’t pick my call. Later, I saw his message in Telegram at my account on August 6, 2020, where he wrote “I failed to pick your call because of ……… I know you get me, what does it mean?”

State counsel: Then what happened?

Witness: Halfan Bwire called me several times up to August 8, 2020, but I didn’t pick a call because I saw no reason to pick it up.

State counsel: What happened after that?

Witness: While I was in Morogoro, ASP Ramadhani Kingai called me and ordered me to report to the Police Headquarter,  at Posta, Dar es Salaam. He said, I will meet with Inspector Swilla.

State counsel: What initiatives did you take?

Witness: On August 10, 2020, I came to Dar es Salaam to meet Inspector Swilla.

State counsel:  What did you do on August 11, 2020?

Witness: I followed the procedure  for entering the office to meet Inspector Swilla. Someone took me to his office, on the 8th floor.

State counsel: What followed?

Witness:  He told me that he has been instructed to take my caution statements concerning criminal events. I accepted and I elaborated the incidents.

State counsel: After you have taken the caution statement what followed?

Witness: I signed the caution statement, and he requested my phone for the investigation process, in order to take some communication between me and the accused.

State counsel: Then what did you do?

Witness:  I told them there are four phones which I used to communicate with the accused. These were  1. Tecno Canno [smartphone] 2. Tecno C9 [smartphone]   3. Itel [smartphone]  and 4. Samsung [basic phone].

State counsel: Which network provider you were using in communication?

Witness: Airtel, Vodacom, Halotel, Tigo Tanzania

State counsel: Then what followed?

Witness: I took out my Sim Card and put it in my Samsung [basic phone], and I promised to come back with the remaining three phones on August 12, 2020.

State counsel:  What procedure was taken?

Witness: He took that phone and wrote IMEI number in a seizure document. He signed and I signed, then he gave me a copy.

State counsel:  Tell the court if you can identify that document?

Witness:  I can. I will identify through my signature.

State counsel: Where was the original document?

Witness: It was left to Inspector Swilla

State counsel: After you left that document what followed?

Witness: On the same day, I went back to Morogoro and on August 12, 2020, I submitted the remaining three  phones [Tecno C9,  Itel and Samsung] to  Inspector Swilla.

State counsel: Honorable judge time for break  is approaching. I have many questions in hand, may I ask for adjournment until tomorrow?

Defense Counsel: Peter Kibatala: No objections honorable judge.

Judge:   Adjourned until tomorrow morning.

 

SECOND DAY [27TH JANUARY 2022]

Quorums were the same.

State counsel: Abdallah Chavula:  What were you doing on Agust 12, 2020.

Witness: I went to the police headquarter Dar es Salaam to submit three remaining phones. Those phones were: Tecno C9 2. Itel and  Samsung  [basic phone].

State counsel: What happened after you arrived at police headquarters?

Witness: I met Inspector Swilla, and I gave him the phones , he wrote IMEI numbers and we both signed four documents.

State counsel: How many documents were prepared on August 12, 2022, and by whom?

Witness: Three documents were prepared by Inspector Swilla, he gave me to sign them.

State counsel:  Documents prepared on August 11, 2020, how could you identify it?

Witness: [Through] my names, date, [and] my signature.

State counsel: Look at this document and tell the court if you know it?

Witness: Honorable judge, I identify this document. It is what I signed, it has my name, date August 11, 2020, and my signature which is this one.

State counsel: What are your prayers before the court?

Witness: I am praying before this court to use this document for identification.

Adv: Nashon Nkungu, John Malya, Dickson Matata, and Peter Kibatala on behalf of the 1st, 2nd, 3rd and 4th accused respectively said there was no objection.

Judge records the document and marks it as ID2.

State counsel: How can you identify the phone which you gave Inspector Swilla on August 11, 2020?

Witness:  It has black cover, but there is a crack on the screen, when you switch on a family picture appears as a screen saver also there are  Telegram messages.

State counsel: Honorable judge, we are requesting to be given exhibit P34 for Pw12 to identify it.

Witness: My Lord, this is my phone since it has black color, it’s Tecno Cannon type, and its body outlook.

State counsel: How about other criteria?

Witness: Until when I switch on.

State counsel: Just switch it on.

The witness is switching on the phone  and  showing a screensaver before the court.

Defense Counsel: John Malya: Honorable judge,  I never saw his wife so it’s hard to identify.

Witness: These are messages in a Telegram application between me and Hon. Freeman Mbowe.

State counsel: Can you read those messages before the court?

The witness is  reading the whole conversations before the court 

State counsel: Who were those doing conversations?

Witness: Me and Freeman Mbowe.

State counsel: Go to massage you communicated at 08:14:50 seconds and read.

Witness: “One was born 1980 Mosses Lijenje and 1989 Halfan Bwire”

State counsel: Then next massage.

Witness: “Phone communication is not safe;  just facilitate me to have face to face communication, in order to avoid phone-tracking”

State counsel: Next massage.

Witness: “Is it bad to start with two people, what are their needs?” This message was from Freeman Mbowe.

State counsel: Who were those two people?

Witness: Halfani Bwire and Mosses Lijenje.

State counsel: Then next massage

Witness: “Please, can you send me a transport fare in order to meet with them in Morogoro.” This message was from me in order to arrange a meeting with Halfan Bwire and Mosses Lijenje.

State counsel: Next massage?

Witness: “How much and on which phone?” This message was from Freeman to me.

State counsel: What is the next massage?

Witness: I replied “Sh500,000.” I wrote to Freeman Mbowe, he replied, “It’s okay. I have already sent it.”

State counsel: Next massage.

Witness:  “Thanks, I got it and I will give you feedback.”

State counsel: Read the last message of August 6, 2020.

Witness:  “Hello bro,  I failed to pick up your call because……….”

State counsel:  Please switch off that phone then give it back to the court.

The witness switches off the phone and the state counsel  deliver  it to  the honorable Judge

State counsel: How can you identify Tecno C9 which you gave to Inspector Swilla on August 12, 2020?

Witness: Up-right side and left side there are cracks, then when you switch on it switches off automatically, it’s black in color.

State counsel: My Lord, we are requesting to be given Exhibit P28 for identification purpose by the witness.

Witness: It’s my phone, Tecno C9,  it has a crack in the up-left side, it’s black in colour, when you switch on it switches off automatically.

State counsel: My Lord, we are returning back to exhibit to the court.  How can you identify your Itel phone you gave Inspector Swilla?

Witness: Back side has blue colour, screen saver has family picture, me and my wife or my children or both.

State counsel:  My Lord, we are requesting to be given exhibit P29 for identification.

Witness:  It’s my phone, it has blue colour backside.

State counsel: How can you identify your Samsung phone that you gave to Swilla?

Witness: It’s white in color, it has cracks, it has torch and this is my phone.

State counsel: Why did you say you knew Freeman Mbowe from 2008 up to 2020, what did you mean?

Witness: It is because, on August 20, 2020, Freeman abandoned communication with me.

State counsel: Tell the court how was your relationship between you and Freeman?

Witness: It was good and I don’t know why he abandoned communication with me.

State counsel: How much did it cost Freeman Mbowe to have those people?

Witness: A total of Sh699,000.

State counsel: Can you identify Freeman Mbowe here?

Witness: The tall one, bigger than others with a T-shirt besides the prison officer.

State counsel: Out of ASP Ramadhani Kingai and DCI Boaz,  is there any other person you reported to about this?

Witness: No one.

State counsel: Why didn’t you report to your boss, maybe CO [Battalion Commanding officer]?

Witness:  Because it’s criminal information and the DCI of Police Force is responsible for this.

State counsel: After the arrest of the accused, did you report this to anyone?

Witness:  To my boss, CO of 92 KJ battalion.

State counsel: My Lord, I have finished  my submission

Defense counsel’s examination

Defense Counsel: Nashon Nkungu: Are you Christian and of which dominion?

Witness: I am Christain of Roman Catholic dominion. I usually attend Church, the last time was on Sunday.

Defense Counsel: Do you know this trial is followed by the public and international community?

Witness: I know.

Defense Counsel: You know that when you tell the truth even TPDF will protect you?

Witness: Even now they are with me.

Defense Counsel: Do you have a blessing from TPDF?

Witness: They know I’m  providing my testimony today.

Defense Counsel: Did you come directly from your workstation?

Witness: Yes.

Defense Counsel: Is it true you need movement order to justify that you came from your workstation?

Witness: I have it but I left it at the hotel. I was given the permission by my CO.

Defense Counsel: Can you give the names of your CO?

Witness: Colonel Kulya.

Defense Counsel: How many Special Forces training camps are there in Tanzania?

Witness:   For the purpose of security, I can’t disclose that information.

Defense Counsel:  How many commandos [Special Force soldiers] are trained per year?

Witness:  It’s a secret, so I can’t disclose it.

Defense Counsel: When did  you complete the Special Force training course and become a commando?

Witness:  The last course was in 2010.

Defense Counsel:  At which level?

Witness: I can’t answer that.

Defense counsel: Honorable Judge, we are requesting permission  of this court pursuant to Section 264 of Criminal Procedure Act CAP 20 RE.  2019 to compel this witness to provide evidence before this court, because this culture of refusing to answer questions will hinder justice to my client.

State counsel: Abdallah Chavula: Objection! We do not agree with his prayer because it lacks legal ground. He has asked this court to compel the witness to disclose his training level but the witness has  denied it for security  purposes. The procedures for  this court to compel the witness depends to laws as per Section 264 of CPA,  Cap 20 RE 2019 provides.

Other law is section 158(1) of Evidence Act, Cap 6 it provides environment for compelling witness, even Section 156 of Evidence Act, Cap 6 but I will invoke section 158(1) of Evidence Act cap 6. Questions which are subject to injure character of Witness are not allowed and contrary to that, witness should not be compelled.

Defense counsel: Questions like how many commandos, how many training attended, in our opinion, can’t injure witness character.

State counsel: It’s our submission that when you read section 155 of Evidence Act Cap 6, it falls under Part III of Cap 6, those questions do not fall under this part in order to test veracity of the witness, there is no place which witness said TPDF was involved with this case.

Honorable Judge, when you consider my submission you will see that those questions have no relevance and I am arguing Advocate Nashon Nkungu to concentrate on relevant issues and this court has no jurisdiction to compel our witness on such kinds of questions.

Honorable judge, let me welcome my fellow counsel to submit on this matter

State counsel: Pius Hilla: Honorable Judge, our witness said, according to his oath, he can’t disclose secret information of TPDF and it’s criminal offense to communicate confidential information.

Section 4(1) National Security Act, Cap 47, which among other things, stipulates that, it’s offense to communicate confidential information.  My Lord, for that reason, advocate Nashon should be directed to ask relevant questions. That is the end of my submission honorable Judge.

Defense counsel: Nashon Nkungu: This is very funny. Today, I witnessed an objection against questions which need to know the identity and capacity of a witness. Honorable judge, their submission is irrelevant and I don’t consider their submission.

The oath before this court must prevail against the other oaths and when I invoke Section 156 of Evidence Act Cap 6 it supports our position and not their position as they defended.

Section 121 of Cap 6 stipulates that witnesses shouldn’t be excused from answering questions which are relevant.  When this court prohibits us from asking such questions according to the nature of the witness it will never render justice.

Honorable judge, section 264 of CPA cap 20 is a general provision and it supports my argument despite the fact that it subject other laws to be applied like section 141, 155, 158(2) of Evidence Act, Cap 6 etc. Since there is no provision which prohibits  information to be provided by a witness it’s my submission this court upheld my request.

Judge: I need some time to review provisions for decision so, I am asking for 30 minutes for the ruling to be pronounced.

 

SHORT BREAK

RULING ON WHETHER TO GRANT PERMISSION OF THE COURT TO COMPEL THE WITNESS

Judge: Decision on the submission of permission to compel witness to answer questions

Ruling of the Court, Section 264 Cap 20 RE 2019 of Evidence Act  do not give the court jurisdiction to compel witness though it give jurisdiction of the court to control proceedings. Further, Section 141 of Evidence Act, Cap 6,  deals with relevance of witness, Section 155 Cap 6 deals with veracity of witness, Section 156 deals with relevancy of issues, in fact,  this court sees that question are relevant to be answered by the witness  but the court will not allow any confidential matters to be disclosed. It’s so ordered.

State Attorneys and Defense Counsels: Much Obliged.

Defense Counsel: Nashon Nkungu: Let’s proceed, what is the level of Special Force training you attended?

Witness: My last training was on Advanced Paratroopers course.

Defense counsel: Education level?

Witness: After completing my O-level Secondary School, I took the Certificate of Diesel engine mechanics in Moshi.

Defense counsel:  Tell us from when you joined TPDF until now?

Witness: I joined the army in 2003. In 2006, I took Special Force training,  I have been in special operations in  2009-2010.

Defense counsel:  You said you went to the Sudan Peacekeeping Mission in 2011, can you remember all soldiers by their names and  the number who went there?

Witness: It’s true, I can’t remember.

Defense counsel: How about the Peacekeeping Mission of 2019, can you remember them by names?

Witness: I can’t remember.

Defense counsel: Is it true when Adamoo and Halfan Bwire were expelled from TPDF, you were in Sudan on a mission?

Witness: True.

Defense counsel: Why did you dare to talk about the expulsion of the accused while you weren’t there? Did  you have any ill intention?

Witness: Not true.

Defense counsel: Do you have a detailed reason for their expulsion from TPDF?

Witness: It was just disciplinary matters.

Defense counsel: Is it true not all disciplinary matters are offenses?

Witness: That is true, the disciplinary which made them expelled is their secret.

Defense counsel: Is it true that you didn’t specify which disciplinary matter they did?

Witness: I didn’t.

Defense counsel: You don’t know when they were expelled?

Witness: I don’t know.

Defense counsel:  You didn’t say anything about who expelled the accused?

Witness: I didn’t say but I read files of the accused at the office.

Defense counsel: Which number of files ?

Witness: I don’t remember.

Defense counsel: Who expelled them?

Witness: Their employer.

Defense counsel: You said, when you met with Freeman Mbowe who told you about the plans to conduct criminal offenses, were you sober?

Witness:  I agree, I was sober, I didn’t take any alcohol.

Defense counsel: At that time you did not  communicate with any law enforcing organ?

Witness: True.

Defense counsel: Am I right that you were after the position which you were promised by Freeman?

Witness: Not true.

Defense counsel: Do you know anything about the chain of information?

Witness: It’s a chain of command not information.

Defense counsel: Is it true Mgulani is a TPDF military camp?

Witness: True.

Defense counsel:  Is it true that there is an intelligence officer in TPDF and it was important for you to report there?

Witness: True but reporting to that office was not necessary.

Defense counsel: When did you report to DCI?

Witness: It was in July 2020, I don’t remember the specific date.

Defense counsel: For your understanding , cutting trees, bombing petrol stations are things which will make opposition to take the government?

Witness: I don’t know.

Defense counsel:  So you misled Halfan Bwire that they were going for VIP protection while you knew the truth?

Witness: True.

Defense counsel: So you misledthem?

Witness: I didn’t mislead them, I told them to take  precautions.

Defense counsel: I will be correct If I say that even today you are misleading the court?

Witness: Not true.

Defense counsel: You said, you met with the accused in Morogoro but you didn’t say that you discussed anything about doing terrorism?

Witness: It’s true.

Defense counsel: Do you know when the first, second and third accused met to plan for terrorism?

Witness: I don’t know.

Defense counsel: How about Moshi, Arusha?

Witness: I don’t know.

Defense counsel: What was your rank in 2012?

Witness: I was corporal.

Defense counsel: So you misled Freeman Mbowe in 2012?

Witness: It was right he wasn’t entitled to know my status at that time.

Defense counsel: Do you want this court to trust you?

Witness: Yes.

Defense counsel:  You said,  you don’t have any political affiliation except to leaders of the United Republic of Tanzania?

Witness:  I said, I respect government authority.

Defense counsel: You said Freeman found  you through a telephone number?

Witness:  It’s true.

Defense counsel: He used different phone numbers?

Witness: Yes.

Defense counsel:  Did you brief the police detectives of this case that Freeman found me through phones?

Witness: I said to them.

Defense counsel: You got four phones which you listed before this court?

Witness: True.

Defense counsel: You didn’t see the importance of recording Freeman Mbowe’s call?

Witness: It was not important.

Defense counsel: Can you point out any massage which shows there was a plan for terrorism?

Witness: The first message which says “Three people are needed.”

Defense counsel:  My Lord, can I have Exhibit P26, Witness show the court any massage which relate to terrorism acts.

Witness:  “Brother, those three people are important, time is running.”

Defense counsel: Does that mean doing terrorism?

Witness:  They were needed for that.

Defense counsel: Can you read the message of July 20, 2020, at 20:20 PM?

Witness:   “Communication through phone is not safe.”

Defense counsel: Who sent that message?

Witness:  It was me.

Defense counsel: Who mobilized the accused in Morogoro?

Witness: Me

Defense counsel: So you mobilized terrorists?

Witness:  Not me but Freeman.

Court :  Laughs from the audience

Defense counsel:  You said Bwire called you and said the task you sent us changed. We have another task to do, was it good conduct?

Witness:  It wa good because he provided feedback.

Defense counsel:  Did you report to ASP Kingai that information?

Witness: Yes.

Defense counsel: Did you get surprised when Bwire was arrested?

Witness: I wasn’t surprised.

Defense counsel: For your understanding, what is the offense of Bwire?

Witness: I don’t know.

Defense counsel: So, your informer is prosecuted here while you are out breathing fresh air?

Witness: I don’t know why he was arrested.

State counsel: Do you have any contract with the government?

Defense counsel: No.

Witness: Honorable judge, that is the end of my submission.

Defense counsel: John Malya: Honorable judge,  can I have Exhibit P26. Are  those messages you read from those phones the same as Exhibit P26?

Witness: They are the same.

Defense counsel: Is there any place written “Homeboy”?

Witness: There is no such word.

Defense counsel: Did you record any audio of Freeman calling  you Homeboy?

Witness: I didn’t.

Defense counsel: Is it true these Airtel money transactions in Exhibit P19 yours?

Witness: True.

Defense counsel:  According to Exhibit P20, is it true that this number ending.. 200 is yours?

Witness: Yes, it’s mine.

Defense counsel: The money  you received Sh199,000, do you remember where it was from?

Witness: I didn’t remember .

Defense counsel: After you receive Sh199,000 the total becomes Sh322,990, is it true?

Witness:  It’s true.

Defense counsel: Do you know that, phone number 0787000027  belongs to the accused?

Witness: I know.

Defense counsel: Freeman Mbowe sent you Sh199,000. How  much you did you give Adamoo and Ling’wenya?

Witness: I gave them Sh300,000 from my own pocket.

Defense counsel: That money of aiding terrorist, where did you get it?

Witness:  From Freeman Mbowe.

Defense counsel: You ate there, you paid a bill of Sh120,000. Where did you get that money?

Witness:  I found them eating and I joined them.

Audience Laughing 

Defense counsel: You received Sh500,000 from Freeman and you withdrew it?

Witness: True.

Defense counsel: Cash out is Sh300,000, is it true?

Witness:  Yes, I gave Sh195,000 to Adam Kasekwa and Mohamed Lingwenya.

Defense counsel: Do you tell the court that you pocketed out of those sent to you?

Witness: I am not ready to answer that.

Defense counsel: Is it true that after he got those four people, Mbowe abandoned communication with you?

Witness: It’s true.

Defense counsel:  When you met Freeman, did you tell him you can find a security guard for him?

Witness: Not true.

Defense counsel: Have you ever heard about election chaos?

Witness: Yes.

Defense counsel: A person to recruit security guards, is it an offense?

Witness: I don’t know.

Defense counsel:  You are the one who suggested that he should  have a security guard, was it an offense?

Witness: No.

Defense counsel: Honorable judge, I am asking for adjournment since the agreed time is near to end. It’s my request that I will proceed tomorrow.

Judge: Adjourned until tomorrow morning.

 

 DAY THREE [28.01.2022]

 

The quorum of both sided are the same

State counsel: Robert Kidando: Honorable judge, we are ready to proceed.

Defense counsel: Peter Kibatala : Honorable judge, we are ready to proceed.

Defense counsel John Malya proceeded  with cross examination.

Defense counsel:  How  is the VIP protection done?

Witness: To any person in accordance with the law of the country.

Defense counsel:    According to your understanding, VIP protection is the same as bodyguard?

Witness:  I never heard about bodyguards.

Defense counsel: Honorable judge, Can I have Exhibit  P26.

Defense counsel:    Witness, can you read the message of  July 20, 2020.

Witness: Yes “Two people is not bad, they will be with me full time”

Defense counsel:  Honorable judge, can I have Exhibit P34 which the witness switched on yesterday?

Defense counsel:  What is the name of the owner of this phone number?

Witness:  Free

Defense counsel: Switch ON your phone,  Are those massages in your phone the same as Exhibit P34 displayed?   And  is there any name written “Free” as your exhibit ?

Witness:  The name Free is not disclosed

Defense counsel:  Did you provide an explanation about that?

Witness: I am not an IT-expert, I didn’t explain.

Defense counsel: You said that you started communicating with Freeman Mbowe in 2008, According to these exhibits, your conversation started on July 27, 2020 where are others?

Witness:: We were communicating through calls,  Telegram, Whatsapp calls.

Defense counsel:  Can we see those whatsapp calls? and why didn’t you show up yesterday?

Witness:  Yesterday I didn’t disclose whatsapp, I was not ready.

Defense counsel: Did you show any phone calls?

Witness:  I didn’t.

Defense counsel: Honorable judge, I am requesting Exhibit P28, Witness yesterday you failed to switch on this phone.

Witness: I didn’t fail but it didn’t work because either because of display problems  or battery was low.

Defense counsel:  How can Freeman Mbowe defend himself through information in that phone?

Witness:I am not an IT-expert, yesterday, I explained about this phone that it was not displaying since I submitted it to Inspector Swilla.

Defense counsel:  Did you show the call log of Freeman and Bwire before this court ?

Witness: I didn’t show.

Defense counsel:   Did you show Ling’wenya messages?

Witness:   I didn’t because I wasn’t asked.

Defense counsel:   The time Freeman abandoned to pick your call, was he with those four people you recruited?

Witness: Yes

Defense counsel:   For your understanding, in Arusha, Mwanza,  Morogoro, how many large markets are there?

Witness:I didn’t know,  Freeman Mbowe knows about that.

Defense counsel:   How many petrol stations are there in those towns?

Witness:I don’t know, Freeman is the one who knows.

Defense counsel:When you went to report the Freeman Mbowe incident to DCI, were you with your phones?

Witness: Yes

Defense counsel:  Did you explain in this court that you show the accused’s calls to DCI?

Witness:   I didn’t .

Defense counsel: Do you know that DCI has scientific tools for investigations and recording?

Witness:   I don’t know

Defense counsel:   Were you the best student in your training and awarded with a pistol?

Witness:I was not awarded anything after training.

Defense counsel:  After you accomplished training from South Africa, were you promoted?

Witness: No, I  was not promoted.

Defense counsel: Now you are promoted and you are Lieutenant of TPDF, do you hold a Bachelor degree?

Witness: No

Defense counsel: After you met Adamoo and Lingwenya in Morogoro where were they heading to ?

Witness:  To Dar es Salaam.

Defense counsel: Read that caution statement [exhibit P26], what it says?

Witness:Heading to Moshi, but what I knew, they were heading to Dar es Salaam.

Defense counsel:  Did you explain about the phone number that you used to communicate with  Bwire?

Witness: I didn’t

Defense counsel:   When were you issued a caution statement?

Witness:   I didn’t write a caution statement.

Defense counsel: You said the Swilla office is on the 8th Floor?

Witness: Yes

Defense counsel:  Honorable judge, I have no other question to the witness.

Defense counsel Dickson Matata proceed with cross examination

Defense counsel:  Remind me when you met Mbowe?

Witness: It was July 2020, but I can’t remember the specific date.

Defense counsel: Then you said,  he told you  that he wants to win the election in order for his party to take the government?

Witness:  Yes

Defense counsel:He told you that he wants people who will attack the government leaders who hate opposition?

Witness:Yes

Defense counsel: He told you that he wants to bomb markets and petrol station?

Witness:   Yes

Defense counsel: Were you the only  one in that conversation ?

Witness:Yes, no one heard that.

Defense counsel: You didn’t say that there was a time Freeman insisted you should be on the same incident?

Witness:  He never said again.

Defense counsel: So no written word, no audio recorded to prove that?

Witness:   Yes

Defense counsel: Then you called DCI through the phone and you were given appointment

Witness:  Yes.

Defense counsel:    The day you met him, He called ASP Kingai to join the meeting?

Witness: True.

Defense counsel:  DCI Boaz and ASP Ramadhani Kingai  who was the RCO [Regional Crime Officer] in Arusha, both of them have experience in investigation?

Witness:True

Defense counsel:  And you were entitled to think extra miles about that incident?

Witness:  True

Defense counsel:  Didn’t  you see the importance of recording your  conversation with Freeman ?

Witness: I was not instructed, I didn’t have any device and thus why I sent Khalfan Bwire as my informer.

Defense counsel: For instance Mbowe denied those facts, what will be your evidence?

Witness:   Evidence is what I am saying here and those messages.

Defense counsel: Are those messages explaining about bombing markets and petrol stations, attacking opposition leaders?

Witness:No

Defense counsel: Did you explain that you knew DCI for a long time?

Witness:  I didn’t

Defense counsel: Did you explain where you got the phone number of DCI?

Witness:  I didn’t

Defense counsel: Did you read the digits of that phone number?

Witness:  I didn’t .

Defense counsel: If I say you didn’t communicate with him, will I be true?

Witness:  No, I have his number

Defense counsel: Did you explain that TPDF officer(s) don’t need to follow procedures when they go to public offices?

Witness:I didn’t

Defense counsel: Did you show the visitors book in this Court to prove that you went to DCI offices?

Witness:   I didn’t

Defense counsel: You’re a soldier and you’re entitled to follow TPDFprocedures?

Witness:  It’s true

Defense counsel: When you are traveling from one region to another, is it true that you need movement order?

Witness: It depends, when it’s less than 3 days no need of Movement Order.

Defense counsel: Did you explain that in this court?

Witness:   No

Defense counsel: Did you come with Pass in this court ?

Witness: No, I didn’t know if it will be needed

Defense counsel: Honorable judge, can I have Exhibit P20 ( Airtel Money transaction). You said Freeman sent you TSH 500,000/=?

Witness:True

Defense counsel:   You said you withdrew TSH 499,000/=?

Witness: It’s true

Defense counsel:  So you didn’t withdraw Tsh 500,000/= because of tariffs?

Witness:  Yes, I withdrew TSH. 499,000/= and TSH. 1000/= was a transaction charge.

Defense counsel:  Can you look at the money transaction of 20 July 2020 that you said you withdrew Tsh 499,000/= and show to the court?

Witness: No such transaction, it was from my pocket not airtel money.

Defense counsel:   The Balance before Freeman sent you money was Tsh Tsh 49,646.00 and after Freeman sent you money was Tsh. 549646/= and you withdrew Tsh 300,000/= you remained with TSH 243646/= am I right?

Witness: Yes, you are right.

Defense counsel:   When you withdrew Tsh 300,000/= charges total are Tsh 6,000/= what will be charges for Tsh 499,000/=?

Witness:  You are misleading, I took Tsh 499,000/= from my own pocket, not from an airtel money mobile wallet.

Defense counsel:   Did you mention names of petrol stations to be bombed?

Witness:  Freeman mentions regions and not names of petrol stations, Freeman knows them in detail.

Defense counsel:  How about petrol stations in Mwanza, Dar es Salaam which were to be bombed?

Witness: I don’t know but Freeman Mbowe knows.

Defense counsel:    Did you mention names of government leaders to be attacked?

Witness:  I didn’t because he didn’t disclose names.

Defense counsel:  Freeman trusted you thus why he cooperated with you, is it true?

Witness:True

Defense counsel:   Did he tell you about bombing equipments and weapons for executing his plan?

Witness:He didn’t tell me.

Defense counsel:  Honorable judge, that is the end of my submission.

Defense counsel Peter Kibatala proceed with cross examination

Defense counsel:     Peter Kibatala : When I call you Baba Junior [Father of junior], Baba Careen [Father of Careen], Baba Jackson [Father of Jackson] I will be right?

Witness: True

Defense counsel:  Are you Christian?

Witness:Yes, A believer of the Roman Catholic church, I pray  at Ngerengere parish.

Defense counsel:  When was the Last day you went to church ?

Witness:I don’t remember.

Defense counsel: Your car is of silver colour?

Witness: Yes, it’s RAV4, with registration number T 114 DHL.

Defense counsel: Since August 16, 2020, where have you parked this car?

Witness:  At Ngerengere.

Defense counsel:  When you came to provide a witness before this court,  where did you park your car?

Witness: Kizuka military camp, it is within Ngerengere at a staff parking lot.

Defense counsel:    Did you park your car at your own risk or not?

Witness: Not at the owner’s risk.

Defense counsel: You said you went to the CASA Motel with a taxi, do you remember?

Witness:  I remember.

Defense counsel:  Do you know, without your report to DCI, it wasn’t possible for this case  to be here?

Witness:  I know

Defense counsel:  So you are a complainant?

Witness:No, I just reported the incident.

Defense counsel: Please, can you read John 8:31-39 in the bible?

Witness:“So Jesus said to the Jews who had believed him, “If you abide in my word, you are truly my disciples, 32 and you will know the truth, and the truth will set you free.” 33 They answered him, “We are offspring of Abraham and have never been enslaved to anyone. How is it that you say, ‘You will become free’?” 34 Jesus answered them, “Truly, truly, I say to you, everyone who practices sin is a slave[a] to sin. 35 The slave does not remain in the house forever; the son remains forever. 36 So if the Son sets you free, you will be free indeed. 37 I know that you are the offspring of Abraham; yet you seek to kill me because my word finds no place in you. 38 I speak of what I have seen with my Father, and you do what you have heard from your father.” 39 They answered him, “Abraham is our father.” Jesus said to them, “If you were Abraham’s children, you would be doing the works Abraham did”

Defense counsel:   What is a massage?

Witness:  Don’t be afraid , Tell the truth.

Defense counsel:  Read Ephesians 4:31-35 and what was the massage again?

Witness:  To forgive.

Defense counsel: You said Freeman Mbowe planned to carry out criminal offenses?

Witness: Yes

Defense counsel:  Do you remember the exact date he told you about the plan?

Witness: I don’t remember

Defense counsel:  Did you complete form four [O-level secondary school]? and what was your pass mark?

Witness: Yes I did , I was awarded Division III.

Defense counsel:  Do you remember the names of your headmaster?

Witness: I don’t remember.

Defense counsel:  After you got the information about the criminal offense plan , You said, you went directly to DCI?

Witness:  Yes

Defense counsel:  Do you have friends in TPDF?

Witness: I have.

Defense counsel:   Do you know Nabii Tito who teaches Mzumbe and do you worship there?

Witness: I don’t know him, I am worshiping at a Roman Catholic church.

Defense counsel:    So, you shared to no one the incident about Freeman’s  evil plans?

Witness: Yes

Defense counsel:   Did you tell the court where you got DCI Phone number

Witness:   I didn’t

Defense counsel:   The notion that Citizen can be a soldier but a soldier can not be a citizen what  does it mean?

Witness:   Citizens have the opportunity to be represented by an attorney.

Defense counsel:  Do you know that TPDF has a branch dealing with investigation and can be supplemented by other enforcement organs?

Witness:It’s true

Defense counsel:   That branch [of TPDF] has authority to deal with terrorism?

Witness:  Yes

Defense counsel:  You didn’t tell anyone within TPDF while you knew that there was such a branch?

Witness: Yes, the police are entitled to share a report to the TPDF branch.

Defense counsel: You said, Freeman planned to cut trees alongside the roads, for example people cut trees alongside Bagamoyo road that means Lugalo  military camp will be affected?

Witness:  Yes it will be affected.

Defense counsel: Remind us, you said you called DCI when you were at?

Witness:  At Mgulani military camp

Defense counsel: Geographically, between Mgulani military Camp and DCI office, where is far?

Witness: Mgulani is near.

Defense counsel:    Are there scanners at the DCI Office?

Witness: Yes, On the left side of the reception area where I issued my Identity card.

Defense counsel:  Did you tell the judge that you issued an Identity card at the reception area?

Witness:  I didn’t

Defense counsel:  Did you tell the judge that at reception someone called DCI in your presence?

Witness:   I didn’t

Defense counsel:   Did you tell the judge that you were given ID to go with it?

Witness:  I didn’t .

Defense counsel:   Did you tell the judge that you left phones at the reception place?

Witness:  I didn’t

Defense counsel:  Did you tell the judge that you were escorted by a police officer?

Witness:   I didn’t

Defense counsel:  After you arrived at the 7th floor, did you tell the judge that you were escorted to DCI with his personal security guard?

Witness:  I didn’t.

Defense counsel:  Did you tell the judge, the waiting area to the DCI office has a coach of which color?

Witness:    I didn’t.

Defense counsel:  Tell the judge, if you explained about the physical appearance of DCI Boazi?

Witness:   I didn’t.

Defense counsel:   You told the court about furniture only?

Witness:    True

Defense counsel:   Did you explain in  detail when you were leaving,if  you returned the ID Card and you signed out the register book?

Witness: I didn’t

Defense counsel: You said you arrived at his office around what time?

Witness: Around 08:00Am to 09:00 A.M.

Defense counsel: You said, an elevator  was not working, do you want to tell us that DCI – Boaz, who is about  50 years old, walked to the 7th floor?

Witness: I don’t know

Defense counsel:  Did you tell the judge about the phone number of DCI?

Witness: I didn’t

Defense counsel: Yesterday after you received your phones, did you ask permission to judge to take Kingai number and DCI number?

Witness:    I didn’t.

Defense counsel: Honorable judge, we are requesting for an adjournment for a health break, at least 45 minutes will be enough because there are many questions.

State counsel: Robert Kidando : No objection

HEALTH BREAK

 

State counsel: Robert Kidando: Honorable Judge , Quorum is the same and we are ready to proceed.

Defense counsel:  Peter Kibatala: Quorum is the same except for John Malya who will join us after 10 minutes. We are ready to proceed

Defense counsel:    Peter Kibatala: Do you know the IMEI number is an identification  feature of any phone?

Witness:I know

Defense counsel:   Did you identify each phone by its IMEI number?

Witness:  Only Tecno Cannon but others I didn’t identify by their IMEI number

Defense counsel:  Honorable judge, can I have  Exhibit ID2? You said you are living in Ngerengere, did you talk about Kihonda?

Witness: I didn’t talk about that but I also reside in Kihonda.

Defense counsel:    Can you find a place in the seizure document that you wrote Tecno Cannon?

Witness: There are no such words

Defense counsel:  Did you tell the court about the absence of those words?

Witness: I didn’t

Defense counsel:  Did you read the IMEI number in the seizure certificate and compare it with your phone IMEI number?

Witness:  I didn’t

Defense counsel:  Read that reference

Witness:  KUMB/CD/IR/266/2020

Defense counsel:  Did you explain what it means?

Witness:   I didn’t

Defense counsel:   Here, there are two IMEI number one ends with 340, and another ending with 57. Is that true?

Witness: I don’t know but Inspector Swilla is the one who wrote so I’m  not sure if there are two IMEI numbers.

Defense counsel:  In this seizure document, can you read the last sentence?

Witness: The name, signature and date

Defense counsel:    Were  you asked  to identify the signature, name and date?

Witness:  Yes

Defense counsel:    Swilla signed before the date and signature in the seizure document but thereafter, your place is hand written and you signed ?

Witness:  Yes

Defense counsel:   Did you tell the colour of a table and Chair you found to the DCI Office?

Witness:   I didn’t

Defense counsel:  Did you tell the Judge how those furniture, table and chair were decorated?

Witness:  I didn’t

Defense counsel:  Do you know that, at the back side of the DCI chair, there is the national flag  and DCI pictures?

Witness:   I know

Defense counsel: Did you tell the judge that on the 7th floor there is a deputy DCI Office?

Witness:  I didn’t tell him.

Defense counsel: Did you tell the  judge the colour of the lift?

Witness:  I didn’t

Defense counsel:  Did you tell the judge, how many police officers were at reception

Witness: There were two

Defense counsel:  Did you tell the  judge the outside environment of the DCI Office?

Witness:  I didn’t

Defense counsel:  You said, you heard criminal plans from Freeman Mbowe, did you explain why you failed to arrest Freeman immediately?

Witness: I didn’t

Defense counsel: Can you tell in certain ways that you went to the DCI Office after or before July 18, 2020?

Witness:   I didn’t remember

Defense counsel:  Did you know even DCI didn’t know when you met him in specific?

Witness:  I don’t know

Defense counsel: You mobilized  the accused after July 20, 2020 is it true?

Witness:   I don’t remember

Defense counsel: Do you know the file for accusation  for planning criminal offense was  opened on July 18, 2020?

Witness:  I don’t know

Defense counsel: Did you tell the judge the means of transport for your  travel from Morogoro to Dar es Salaam?

Witness:  I didn’t

Defense counsel: After leaving the DCI office, is it true that you arrived at your home place at night ?

Witness: It was 16:00hours

Defense counsel: Did you tell the judge that there was your child Careen when you returned home?

Witness:  I didn’t

Defense counsel: When you were traveling from Morogoro to Dar es Salaam , which transport did you use?

Witness: Abood bus service

Defense counsel:  Did they give you a receipt?

Witness:   No

Defense counsel: Did you tell the judge, how the CASA Motel looks like, where Coaches are located ?

Witness:   I didn’t

Defense counsel: Do you know Willy?

Witness:  I don’t know him

Defense counsel:  Do you know that Freeman Mbowe when he is at CASA Motel is served  by only one person for security purposes?

Witness:  I don’t know

Defense counsel: That taxi which took you to CASA Motel, do you know its colour,  it’s registration number ?

Witness: I don’t know

Defense counsel: After you arrived at the CASA Motel, who paid the bill for food?

Witness: Freeman Mbowe

Defense counsel:  When he paid your bill, was it after you knew that Freeman was planning a criminal offense?

Witness: Yes, it was after I knew

Defense counsel: Did you report the Freeman Mbowe plans to another person after you reported to DCI?

Witness:  Yes, I reported to my CO [Battalion Commanding Officer] after almost two weeks

Defense counsel: Tell the court if all conversations that you reported to your CO, are there in your caution statement?

Witness:  No

Defense counsel: Even after you knew Mbowe’s plans, did you continue to communicate with him?

Witness:  Yes I continued to communicate with him.

Defense counsel: You cooperated with Mbowe in planning terrorism offences?

Witness:  I didn’t participate.

Defense counsel:  Who facilitated Mbowe to have the people who now are accused of terrorism?

Witness:  It was me.

Defense counsel: Why did you go to Darfur?

Witness:  For peacekeeping mission

Defense counsel: Was it possible for you to be torelated  by your commanders if you were discovered to be communicating with terrorist in Tanzania?

Witness:  It is difficult to be understood and torelated.

Defense counsel:  Did you tell the judge that other names  for  Adam Kasekwa are Adamoo and Mosses Lijenje  is Kakobe?

Witness: I didn’t

Defense counsel: Are you the one who recruited the accused to work with Freeman Mbowe?

Witness:  I recruited them to work as a security guard to Freeman and I instructed them to take precautions against any criminal conduct?

Defense counsel:  Do you know where Moses Lijenje is? Is he dead or alive?

Witness:  I don’t know, Freeman Mbowe knows.

Defense counsel: So Mosses Lijenje didn’t know about terrorism when you were recruiting him?

Witness: He didn’t know

Defense counsel: But you knew what Lijenje was going to do with Freeman Mbowe?

Witness:  To provide security to Freeman Mbowe

Defense counsel:  After 20 July 2020, when did you communicate with Lijenje?

Witness:  I never communicated with him.

Defense counsel:  Did you hear any call or records of Mosses Lijenje with Freeman Mbowe?

Witness:  I didn’t

Defense counsel:  Is there any money from Freeman Mbowe which was sent directly to Lijenje?

Witness:  No

Defense counsel:  So, Freeman Mbowe sent you money directly and you are the one who gave a portion of it to Mosses Lijenje?

Witness:  It’s true

Defense counsel: Do you know anything about money laundering?

Witness:   [Silence]

Defense counsel: So, after you received the amount from Mbowe, you mixed it with your money?

Witness:  Yes

Defense counsel:  When did you withdraw the amount sent from Mbowe?

Witness:  On July 20,  2020

Defense counsel:  When you withdrew Tsh. 300,000/= how much did you give to the accused?

Witness:  I gave them Tsh 300,000/= to both Adamoo and Ling’wenya.

Defense counsel: Where Tsh. 499,000/= derived from?

Witness:  I received Tsh..500,000. I withdrew Tsh. 300,000/= because I had my own balance so I assumed Tsh. 1,000 is the charge for withdrawing.

Defense counsel:  When did you withdraw the remaining Tsh. 200,000/= from Mbowe?

Witness: It was before 31 July 2020

Defense counsel: And your number is 0787 555 200?

Witness:  Yes

Defense counsel:  Find a transaction which shows that you withdrew Tsh. 200,000/=?

Witness: There is no Tsh 200,000 transaction there is Tsh. 250,000/=

Defense counsel: You said later, Freeman sent you Tsh. 199,000/=?

Witness: Yes, on 22 July 2020, I received that amount from a number which is not possessed by Freeman Mbowe but he confirmed it was him.

Defense counsel: The amount that you gave Adam Ling’wenya and Kasekwa,  was it from your pocket?

Witness:  No, on July 24, 2020, I withdrew the amount sent by Freeman Mbowe.

Defense counsel:  Find that transaction in this Exhibit which shows you withdrew that amount ?

Witness: Not written.

Defense counsel: Do you know this number 0782237913 ?

Witness: I don’t know

Defense counsel: Is there any transaction that you sent Tsh 190,000 on July 22,  2020 through this number 0787555200?

Witness: I didn’t remember

Defense counsel:  On 22 July 2020 you received Tsh. 199,000/= and you sent to Bwire Tsh.190,000/=. Is that right?

Witness: Right

Defense counsel: Were you asked by state counsel  to explain about that transaction?

Witness: I wasn’t asked.

Defense counsel: Did you sign any agreement with Mosses Lijenje when you gave him Tsh 150,000/=.

Witness: I didn’t

Defense counsel: There is no evidence which shows that you gave Moses Lijenje that money?

Witness: Yes, No evidence

Defense counsel: Can you provide evidence that Lijenje was  involved in terrorism plan?

Witness: I can’t

Defense counsel: Do you know where  Lijenje was living while in moshi?

Witness: I don’t know

Defense counsel: Did Lijenje know that you’re recruiting him for planning terrorism acts?

Witness:  He didn’t knew

Defense counsel: Do you have any message of acknowledgement from Lijenje that he received the money?

Witness:  I don’t have

Defense counsel:  Do you know what Bwire was tasked by Freeman after they started working with him?

Witness:  To attack Sabaya [Hai District Commissioner].

Defense counsel: When?

Witness:  Before August 7, 2020

Defense counsel: Did Bwire tell  you about shotgun Luger type, drugs, and plans to attack Sabaya?

Witness: He didn’t

Defense counsel: So Bwire was your informer?

Witness: Yes

Defense counsel: After Bwire confessed that, did you report to DCI Boaz?

Witness: No, I reported to ASP Ramadhani Kingai

Defense counsel: Did you tell Kingai that Bwire confessed to you?

Witness: I didn’t

Defense counsel:  Why didn’t you report to DCI Boaz that sensitive information?

Witness: I was entitled to report to Kingai only

Defense counsel: Did you report that sensitive information from Bwire to TPDF?

Witness: I didn’t

Defense counsel: So, you told Bwire that, after they attacked Sabaya they must report to you?

Witness:  Yes

Defense counsel: Did Kingai ever tell you that Bwire was arrested?

Witness:  No, until I saw it in the media.

Defense counsel: I heard you said that you signed four seizure documents with Inspector Swilla when you were asked by State counsel Chavula?

Witness:  True

Defense counsel: In this court, how many Seizure documents were presented?

Witness:  Only one.

Defense counsel: Did you provide any reason for failing to issue the remaining three seizure documents in this court?

Witness:  I didn’t, because I was not asked to do that.

Defense counsel:  Was it right for you to communicate with ex-soldiers who were expelled due to disciplinary matters?

Witness:  It’s not restricted. We have another social life apart from work.

Defense counsel: It was your duty to report that kind of money you received?

Witness:  Yes, I reported immediately to Kingai

Defense counsel:  Did you tell the judge before 2020 Freeman Mbowe sent you money?

Witness:  I didn’t.

Defense counsel: Was it necessary information or not?

Witness:  Was not necessary

Defense counsel:  Were you informed that your phone number indicated in Exhibit P26  which was in the Investigation report?

Witness:  I was not told.

Defense counsel: When did you start interacting with Freeman Mbowe?

Witness:  2008

Defense counsel:  Is it true that you didn’t know names of government leaders to be attacked including Ole Sabaya?

Witness:  I didn’t know that

Defense counsel: Is the Chief of Staff, a National leader or not?

Witness:  He is a national leader

Defense counsel:  And you didn’t see the importance of reporting Mbowe’s plans to TPDF?

Witness:  Not necessary

Defense counsel:  Honorable judge the time is out, I am requesting for adjournment up to Monday January 31, 2022 to proceed with my cross examination.

State counsel: Robert: No objections my honorable judge.

Judge:    Adjourned up to MondayJanuary 31, 2022.

 

DAY FOUR [JANUARY 31, 2022]

State counsel:   Robert kidando and others (same quorum)

Defense counsel:  Peter kibatala and others (same quorum )

Cross examination continue

Defense counsel: Peter Kibatala: I will continue to ask questions. Leaving aside this incident have you ever come across another great terrorist incident like this

Witness: Never, this is a very serious offense.

Defense counsel: You said you don’t have memory problems?

Witness:  True

Defense counsel:So then why do you forget important date like that when Freeman told you about terrorism plan  and the date you reported the incidence to DCI?

Witness:  Because it was not my duty to do an investigation.

Defense counsel:  Do you know why even DCI Boaz forgot the date you reported the incident?

Witness:  I can’t say anything about DCI

Defense counsel: Why even ASP Kingai didn’t remember the date you reported Freeman mbowe incidence ?

Witness:  I don’t know

Defense counsel: As a reasonable human being, do you see that is normal?

Witness:  I went to their office. It was not my duty to tell them they should take notes.

Defense counsel: Why did Inspector Swilla open the file on 18.07.2020 and waited until August 11,  2020 to take your caution statement?

Witness:  I don’t know

Defense counsel: As a Lieutenant do you see it is  reasonable to have such misunderstanding in your caution statement?

Witness:  I can’t answer that, it was not my duty.

Defense counsel: Did Inspector Swilla explain to you why he delayed  taking your caution statement?

Witness: He didn’t

Defense counsel: Do you know what infiltration is?

Witness:  Secret tactic mission done by person from one group to another group.

Defense counsel: Did you ever discuss in your meeting to plant people who are ex-soldiers so as to obtain information from Freeman?

Witness:  I never

Defense counsel: Did Freeman tell you that in this election, he wants his party to lead a state by whatever means?

Witness:  Yes, he said by whatever means

Defense counsel: Do you still insist that, despite of having detailed information on terrorism offences you excluded TPDF to have those information?

Witness:  Yes

Defense counsel: Do you know Lieutenant General Shimbo [Former TPDF Chief of staff]?

Witness: Yes I know.

Defense counsel: On October 13, 2010 Lieutenant General Shimbo was quoted by press that the election will be held  peaceful but  if there will be events breaching peace the army will take action

Witness: Never heard about that.

Defense counsel:   Does your ‘tactical appreciation’ inform you that Freeman Mbowe has the ability and intelligence to find out if you would  plant soldiers who are in active duties?

Witness:  Yes

Defense counsel:  The basis of tactical appreciation is that, Commando [Special force soldier] must know the circumstances for it to exist?

Witness:  Yes

Defense counsel:  Did you ever ask Freeman Mbowe if he communicated with another person on the same issue?

Witness: I didn’t

Defense counsel: Freeman promised you to promote you in TPDF?

Witness:  Freeman can’t promote me.

Defense counsel: When Freeman told you about planning terrorism offence did you accept or not?

Witness:  I planned to accept

Defense counsel:  You didn’t probe Freeman Mbowe about the details of specific areas where he will execute his plans?

Witness:  I didn’t

Defense counsel:  Do you know how you recruited Lingwenya?

Witness:  I remember.

Defense counsel: Do you remember you talked to  his father?

Witness:  I remember and I talked with him too.

Defense counsel: Do you know Ling’wenya’s father is over 70 years old? His heart is bleeding because his son is prosecuted with fabricated charges?

Witness:  I don’t know, I didn’t recruit  Ling’wenya to do  criminal offense.

Defense counsel:  Did you tell Ling’wenya’s father that you want his son to go to work as Freeman Mbowe Security guard but with you had hidden agenda of instigating terrorism?

Witness:  I didn’t tell him

Defense counsel:Have you heard about the Daniel saga in the Bible?  Don’t you see that you did as Daniel’s prosecutors did?

Witness:  I didn’t

Defense counsel:  Do you know that Ling’wenya was doing legal work [gravel crushing] to earn his income for his survival?

Witness:  I don’t know

Defense counsel: Do you know Ling’wenya’s father was a public servant without any bad record?

Witness:  I don’t know

Defense counsel:Is it true that a leader in the army  should be the last person to retreat in the battlefield after his subordinate?

Witness: It depends.

Defense counsel: Did you know Adam Kasekwa was expelled because of mental illness caused by battle confusion?

Witness:   He didn’t have that problem

Defense counsel: Did you know what reasons made Adam Kasekwa  expelled from work?

Witness: I didn’t know

Defense counsel: Do you know exactly the locations in which the accused  did surveillance on Lengai Ole Sabaya movements?

Witness:  I didn’t mention anything about that

Defense counsel: So you didn’t know about that

Witness:  Bwire didn’t tell me about that, he said there is a plan of executing criminal offense

Defense counsel: There was a secret informer who was informing ASP Kingai about the movement of Adam Kasekwa,  Ling’wenya, and Moses  Lijenje,  were you the one?

Witness:  I wasn’t me

Defense counsel: For your understanding, is there any person who followed the accused?

Witness:  I didn’t know.

Defense counsel:   Do you know that Ling’wenya has a sister residing at Rau Madukani and they went there to meet her. Do you know that?

Witness:  Bwire never told me

Defense counsel: Do you know that Adam Kasekwa has a sister at Sakina [Arusha]?

Witness:  I didn’t know.

Defense counsel:  In your caution statement did you say you gave ASP Kingai phone numbers of the accused?

Witness:  True

Defense counsel: Do you know why DCI Boaz and ASP Kingai did not  mention that you gave them the accused’s phone number?

Witness:  I don’t know

Defense counsel: Do you know how wife’s of the accused were troubled to find their husbands while Kingai had their phone number?

Witness:  I don’t know

Defense counsel: You said when you submitted your phone to Inspector Swila, you took out Vodacom sim card and  inserted it into the Samsung Duo [basic phone].

Witness:  Yes

Defense counsel: So the phone becomes empty with no sim card?

Witness:  I left one line

Defense counsel: Did you explain that to judge that?

Witness:   I didn’t.

Defense counsel: That phone which you showed before this court, It was with a sim card inserted?

Witness: Yes it has.

Defense counsel: My lord can I have the phone for the Witness to show before the court if there is a Sim card?

Witness: There is no any SIM card

Defense counsel: Do you know that you’re under court oath?

Witness:  I know it

Defense counsel: Do you know that you are assessed  by this court with little things  if you are telling the truth or not?

Witness:  I know

Defense counsel: Where can we find seizure documents of those three phones you gave Inspector Swilla which are not presented here?

Witness:  I have them

Defense counsel: Did you know why Inspector Swilla and Ndowo are not talking about the other three phones?

Witness:  I don’t know

Defense counsel: Do you know that Freeman Mbowe brother who died was a retired Major general of TPDF and his death was attended by the late President John Magufuli?

Witness: I heard that.

Defense counsel: What things led you to know each other [with Freeman Mbowe]?

Witness:  He contacted me

Defense counsel: Do you know that it is illegal for someone who you are not familiar with to call you without your consent?

Witness:  I don’t know

Defense counsel: Because you don’t know thus why you didn’t report it

Witness:  Yes

Defense counsel: He said he is your brother because you are from the same tribe?

Witness:   Yes

Defense counsel: Do you remember the total amount spent by Freeman is Tsh 699,000/=?

Witness: That’s  true

Defense counsel: Do you know that the statement shows that you had withdrawn Tsh 300,000/= and remained with Tsh 200,000/=

Witness:  No such statement

Defense counsel: Honorable judge, can I have Exhibit P1 and P 13? Caution statement of Adam Kasekwa and Mohammed Lingwenya. According to Exhibit P1, you said you received Tsh 199,000/= and withdrawn 195,000/=, Where is Tsh 4000?

Witness:  I don’t know

Defense counsel:  So Tsh 195,0000/= was for facilitating terrorism offence?

Witness: Was for facilitating their travel not  terrorism

Defense counsel: Adam Kasekwa said you gave them Tsh 87,000/= each?

Witness: Not true

Defense counsel: They said in total you paid them Tsh 174,000/= are they right?

Witness:   Not right, I paid Tsh 195,000/=

Defense counsel: So there is a difference between Adam’s  statement and yours?

Witness: Yes it differ I paid them Tsh.195000/= not Tsh.174,000/= in total

Defense counsel: Adam Kasekwa’s caution statement at fourth paragraph says that the money sent was fair to Moshi while you said to Dar es Salaam. Who is right?You’re talking about Tsh 199,000/= but Lingwenya is talking about Tsh 190,000/=.

Witness:  I’m the one who is right.

Defense counsel: Mohamed Lingwenya said you paid Tsh 190,000/= for transportation to Moshi in order to meet Freeman Mbowe, are those money involved in terrorism offence?

Witness:  No

Defense counsel:  Is it true that you paid that amount for them to buy new clothes according to Lingwenya?

Witness:  Not True

Defense counsel: So do you differ with Mohamed Lingwenya?

Witness:  Yes

Defense counsel: Honorable Judge can I have Exhibit P26 and P34, PW12.     Please switch on Exhibit P26

Witness switches ON

Defense counsel:    Is it true that Freeman Mbowe wanted an unlimited number of  ex-soldiers?

Witness:  He didn’t tell me number

Defense counsel:  According to the text of 20.08.2020 at 7:39:48 Pm, Freeman said he wanted 3 or 4 people?

Witness:  Thus not True, Freeman wanted  more than those four.

Defense counsel:  Then read the message.

Witness:  It says three or four  people

Defense counsel: Read the message  of 08:03 P.M,  on 20 July 2020. According to the message, which number sent that text to Freeman?

Witness: My airtel number.

Defense counsel:  Can you show us that number?

Witness:  My number is not displayed in this telegram conversations

Defense counsel:  Have you seen that this number is owned by Dennis?

Witness:  0730138344 It’s written by Owner  Denis.

Defense counsel:   Do you know that number?

Witness: I don’t know because…

Defense counsel:  I don’t need explanation

State counsel:  Pius  and Robert Kidando : Objection honorable judge : The witness  has the right to explain, should be allowed.

Judge: It’s my opinion, the witness has to answer that question

Defense counsel: Peter Kibatala :  Do you know that number?

Witness: I don’t know and no one asked me about it.

Defense counsel:  Do you knew application known as Free SMS

Witness: I don’t know

Defense counsel:   Is there any counsel who asked you about free SMS?

Witness:  No

Defense counsel: Is it true that there is text message which you sent to Freeman Mbowe that “phone call is not safe just facilitate me in order to meet with them”

Witness: There is that massage

Defense counsel:  Is there any text in which Freeman Mbowe sent you a text that phone call /message which said phones are not safe?

Witness: Last text message  which said “I didn’t pick your call because of……. “

Defense counsel:  Do those words mean phones are not safe?

Witness:   No

Defense counsel: Are those Massages in P34 and P36 the same?

Witness: Are the same

Defense counsel: Are those numbers you said belong to Freeman Mbowe similar?

Witness:  Are not similar

Defense counsel: Were you asked to explain the differences?

Witness: I was not asked.

Defense counsel: Read this message which you sent to Freeman Mbowe

Witness:  “Please send me money for mobilization”

Defense counsel: After that massage, Mbowe sent you Tsh. 500,000/=?

Witness: Yes

Defense counsel: Find for me any massage from Freeman Mbowe suggesting to send you Tsh 500,000/=

Witness: No such massage

Defense counsel: Who proposed the amount for mobilization?

Witness:  Freeman Mbowe

Defense counsel: Who said to Freeman Mbowe send Tsh 500,000/=?

Witness:  I am the one

Defense counsel: That message of request was from which date?

Witness: On 20 July 2020, at 20.03Pm

Defense counsel: Who sent this message at 20:24 PM That  “Don’t use your individual phone number for security purposes, Use a mobile money agent number  or someone else?

Witness:  I am the one

Defense counsel: How much was sent by Willy [Mbowe’s assistance] through his number?

Witness:  I don’t remember exactly if it was Tsh 199,000/=

Defense counsel: Did you give ASP Kingai that money?

Witness:  I didn’t

Defense counsel: Honorable judge, I am asking for adjournment for health break

Judge:   Adjourned for 45 minutes.

HEALTH BREAK

Cross examination continue

Defense counsel:   My lord can I have exhibit P34 and P26. I am giving it to the witness. Is it true that in July 20, 2020 at 03:19:30 Freeman said : “Call me through the number which Willy sent you money”?

Witness:  It is true

Defense counsel: Where did you say Freeman Mbowe sent you money  through Willy’s phone number?

Witness:  That massage is not here and do not remembering anything

Defense counsel: Did you meet Willy?

Witness:  I never met him

Defense counsel: Is freeman Mbowe requested you to find four terrorists?

Witness:  No, It was for private security purposes.

Defense counsel:  Did Freeman Mbowe talked anything about terrorism through the phone?

Witness: He didn’t

Defense counsel: Did DCI and ASP Kingai tell you that they give you immunity from being prosecuted?

Witness:  They never told me

Defense counsel: Read that massage

Witness:  “if it’s possible, I am requesting enough money for mobilization”. This massage was from me to Freeman Mbowe

Defense counsel: In your caution statement you said: You Withdrawn Tsh 500,000/= , Is it the same as you said before the court?

Witness: They are the same, the issue is explanation..

Defense counsel: You requested enough money for mobilizing terrorist?

Witness: Not terrorist just for facilitating people he needed.

Defense counsel:   So, you wanted enough money on top of Tsh 500,000/=?

Witness: As he wished

Defense counsel: Have you ever forwarded the transaction messages to ASP kingai ?

Witness: I didn’t, but he received a report

Defense counsel: There is a massage you was greeting  Freeman that ” Habari Muheshimiwa” [How are you Honorable]. Is it right for an army Leitenant to greet terrorist that way?

Witness: Mbowe was not my enemy

Defense counsel: Did Bwire tell you that he was in Dar es Salaam?

Witness: He didn’t mention the place where he was

Defense counsel: In the caution statement you said you met several times with Freeman Mbowe at CASSA Motel?

Witness: Just once  in 2012.

Defense counsel: You said Freeman mbowe found you and told you his plans for doing terrorism?,

Witness: Yes, he called me t using different number

Defense counsel: In your caution statement, is there a statement indicating you introduced yourself in full names to ASP Kingai?

Witness:  No such thing

Defense counsel: Take that caution statement and prove if it is your , find a place which you wrote that you introduced yourself in full name.

Witness: No such place

Defense counsel: Please read the whole caution statement ?

 Witness reading a caution statement

Defense counsel: Can you tell the distance between Ngerengere and kihonda?

Witness: About 50 to 60 kilometers.

Defense counsel: Where are you residing?

Witness: Ngerengere but my family is at Kihonda

Defense counsel:  Is there any problem if the judge will use your caution statement for evidence?

Witness: There is no problem

Defense counsel:   Honorable judge as the witness requested.

State counsel:  Robert Kidando, No Objection.

Honorable Judge is taking record of the exhibit and marked it as exhibit B4

Defense counsel: Read the text which was sent at 06:27:23 P.M. on 12 July 2020

Witness: That message is about vetting those recruits,  it’s the message I wrote to Freeman.

Defense counsel: What is vetting?

Witness:  To orient them on what to do and what not to do.

Defense counsel:  Is that the meaning?

Witness:   Yes

Defense counsel:  Did you orient Bwire and Mosses?

Witness:   Yes

Defense counsel:   So you did orientation to the terrorist by using Freeman Mbowe fund?

Witness:   Yes

Defense counsel: Find the massage which say,  “But you don’t use your number ”

Witness:  I see it,  I am the one who sent it to Freeman Mbowe.

Defense counsel:   Find a text message at 11:59:31 AM and read?

Witness:  “But they were asking about their remunerations ”

Defense counsel:  Salary on illegal  work?

Witness:  Salary on doing criminal offenses.

Defense counsel:  You said “They are asking about administration issues, accommodation, allowances and salaries. How will it be? Who sent this message?

Witness:  I am the one who sent it to Freeman and administration issues meaning  food

Defense counsel:  Honorable judge can I have exhibit P20.  Is it true that on July 22, 2020 you sent Tsh 190,000/= to Khalfan Bwire?

Witness:  True

Defense counsel:  Did you explain that money to an honorable judge?

Witness: I don’t remember

Defense counsel: Can you make an explosion without explosive equipment?

Witness: You can’t

Defense counsel: Did Freeman Mbowe ask you to find explosive equipment?

Witness: He didn’t.

Defense counsel: Did Freeman Mbowe ignore your text message without replying?

Witness: There are some text messages.

Defense counsel: Did you show to the court those messages which were not  replied to?

Witness:  I didn’t

Defense counsel: Is it true that on August 5, 2020 at 02:25 PM you sent a message to Freeman?

Witness: I can’t remember

Defense counsel: Did you ever know that Inspector Swila was the investigator in this case?

Witness: I don’t know

Defense counsel: When you testified here, did you talk about  Ngerengere military camp and kizuka military camp?

Witness:  Yes, Kizuka is after Ngerere.

Defense counsel: Do you know General Bwiro who was in charge during the Sudan peacekeeping  mission?

Witness: I know him

Defense counsel:  Do you know Lieutenant  Msandawe?

Witness: I know, by then.

Defense counsel: On Friday, I asked about the ASP Kingai phone number. I hope you came here with a diary?

Witness:  I was not ordered by the court

Defense counsel:  You were asked by Dickson Matata about Movement order, what you said?

Witness: It was at my hotel

Defense counsel:  How did you come to appear after the court?

Witness:  I was informed by CO [Battalion commanding officer], Colonel kurya to report to  DCI office

Defense counsel:  Why they [Police] didn’t return your phones for this whole period?

Witness:  They will be returned after investigation, that’s what I was told.

Defense counsel: According to exhibit  P26, Can we find a telegram conversation between Freeman and you?

Witness: Yes, Other communication we used whatsapp

Defense counsel:  On August 7, 2020 where were you?

Witness:  At my job, Sanga sanga military Camp [92KJ], I was Quick Force Commander [QFC] for 14 days.

Defense counsel:   Is there any place you signed a register between you and Inspector Swilla?

Witness:  I didn’t sign but I saw Inspector writing in different books

Defense counsel:  So your intention was to make sure that criminals are arrested?

Witness:  To prevent occurrence of criminal conduct

Defense counsel: Did you ever know that there are no Freeman Mbowe phones which were taken for investigation?

Witness:  I don’t know

Defense counsel:  Did you have a mandate to investigate the Freeman Mbowe incident?

Witness:  I don’t have authority, but as  a responsible citizen I have to inform the police.

Defense counsel:  My lord, I am praying for adjournment because the time is out. I am asking to proceed tomorrow

State counsel: Robert Kidando :  No objections honorable judge

Judge:   Adjourned until tomorrow morning, February 1, 2022.

 

DAY FIVE [FEBRUARY 01, 2022]

Defense counsel continue with cross examination

Defense Counsel:   Peter Kibatala : How have you been since yesterday?

Witness:  I have been good,

Defense counsel:  Were you informed in this main case there were two trials within trial?

Witness:  I don’t know

Defense counsel:  So you don’t know that, Adam kasekwa and Mohamed Lingwenya said you were detained

Witness:  I don’t know, I am hearing from you now

Defense counsel:   Can you remind me again, who told you to be a witness in this case?

State counsel:   Robert Kidando: Honorable judge, yesterday you said about avoiding repetitions of questions. Our fellow Defense counsel is repeating questions.

Defense counsel:  Peter Kibatala ; Let me ask in another way, did you ever meet Robert Kidando before you came here?

Witness:  I went to report to DCI Office after then I met  Robert Kidando and others state counsels

Defense counsel: So you never talked about the incidence of you being arrested by the Police officers Jumanne and  Goodluck?

Witness:  I have never been arrested by them so I can’t say anything.

Defense counsel: So you have never been arrested and appeared at Tazara police station?

Witness:  Yes

Defense counsel: You never appeared at Mbweni police station?

Witness: Yes

Defense counsel: Do you have any kind of misunderstanding with Adamoo and Lingwenya?

Witness:  No

Defense counsel:  Can you help us, why these two people lie about you?

Witness:  I don’t know

Defense counsel: According to my findings, you were put  in a nearby holding cell  to that where Lingwenya was put?

Witness:  Why are you trying to speak on my behalf?

Defense counsel: Answer the question, don’t be angry. Do you know why I asked you where you worship?

Witness: I don’t know

Defense counsel: After Adamoo and Lingwenya arrest, torture and being cautioned, they mentioned you as the one  incharge of them and it is where you were arrested.

Witness: Yesterday I said, I was QRF Commander at that moment.

Defense counsel: In your evidence did you mention your ex-soldiers[ special force] called Khalid, Gabriel and  Mhina.

Witness:  I Don’t know them.

Defense counsel: Do you have conflicts with those people I mentioned?

Witness:  I don’t have conflict with them

Defense counsel: Do you know the meaning of “Mdepo”?

Witness: The person you trained with during the military course.

Defense counsel: Khalid said he was trained with you.

Witness:  I don’t know him

Defense counsel: Can he lie about anything to you?

Witness: I don’t know

Defense counsel: Did ASP Kingai tell you if there are other two ex-soldiers [commandos] who are accused?

Witness: He never told me

Defense counsel: So you don’t know that in this case there were two commandos who were prosecuted too?

Witness: I don’t know

Defense counsel: Khalid said, After he saw Bwire is a security guard of Freeman Mbowe he asked for a job and Bwire told him to find you through facebook conversation?

Witness:  How many Khalid am I communicating with?

Defense counsel: At first you said, you don’t know Khalid who is an ex-soldier in the 92 KJ battalion.

Witness:  No one I know.

Defense counsel: Khalid said when he found  you, you promised to find a job for him in mines.

Witness:  I don’t know Khalid

Defense counsel: After Adamoo and Ling’wenya were arrested, you said you can’t help him.

Witness:  I don’t know Khalid, just ask questions to those people I mentioned in my evidence.

Defense counsel: There is Police officer called Jumanne who provided evidence before this court and said that he arrested Khalid and Gabriel

Witness:  I don’t know anything about Jumanne

Defense counsel: Do you know it’s not a normal situation to cease personal properties for more than a year?

Witness: It depend with circumstances, I went to ask my property after one year they said they are still doing investigation

Defense counsel:  Do you know John Urio?

Witness:  Who is that?

Defense counsel:  You’re Uncle

Witness: I don’t know him

Defense counsel:  Do you remember I asked about your silver car? A hotel where that car went ? And I told you that you are under arrest, you’re not free?

Witness: I remember, but I wonder why you think that way.

Defense counsel: Do you know your wife took initiatives and followed up on your car and was given that car  by TPDF?

Witness:  That’s  not true

Defense counsel: When did your car go to Kihonda?

Witness:  It never went to Kihonda.

Defense counsel:  Do you confirm here that your car is packed at Kizuka military camp?

Witness:  I confirm

Defense counsel: How can we confirm that you are not expelled from the army  because of communicating with the opposition leader?

Witness:  By looking at my ID and asking my employer.

Defense counsel: Is there any duty roaster?

Witness: Duty roaster is at my work station, what for?

Defense counsel: Just answer question

Witness:  It is true

Defense counsel:  What document will justify that you were  QRF Commander?

Witness: I was  QRF Commander

Defense counsel:  So can I request for adjournment for you to come with proof which will justify that?

Witness: Just write a formal letter, they will give me.

Defense counsel:  If you estimate, how many days will it take?

Witness:  I don’t know how much it will take.

Defense counsel: Is it true that, after your child Jackson was born, he was brought to you in a secret place where you were detained?

Witness: Advocate just be reasonable, how is it possible? Who are you by the way?

Defense counsel:  Don’t be angry, answer the question?, is it true even your mother came to see you in that secret place?

Witness:   I have never been detained.

Defense counsel:  Is it true that, when you come here at the court, you’re escorted by security officers?

State counsel:  Robert Kidando: Honorable judge, every time the Witness is saying he has never been detained, I don’t know why Advocate Kibatala is still pushing him on that?

Defense counsel:     Peter Kibatala: Honorable judge, we are asking questions, They will come to prove those facts we are asking, we are just building a foundation. Our fellow state counsel can’t teach us what question to be asked.

Judge:   The question is about knowledge, I don’t see if there is problem

Witness: I am not detained; State attorneys meet me everyday at my hotel, no one else.

Defense counsel:  Are they using private cars or government cars?

Witness:   May you allow me to go outside to look at them?

Defense counsel: Do you know any witness who is taken from his or her residence to the court everyday by the state attorneys?

Witness:  I don’t know

Defense counsel:  Is it true, it’s a daily routine for state attorneys to take you in the morning and return back to your Hotel during evening hours?

Witness:  It is not a daily routine, some days they send me a person to take me, for instance on Friday, I was taken by someone in a small car.

Defense counsel:   Was it a private car or Intelligence services car?

Witness: Private person.

Defense counsel:  But you didn’t tell the judge if that was a taxi or private car?

Witness:  How can I tell my private staff?

Defense counsel: Do you know all government leaders have been relocated to  Dodoma since 2018?

Witness:  I don’t know

Defense counsel: Did you know, DCI, IGP, CDF offices had been relocated to Dodoma?

Witness:  I don’t know

Defense counsel: Did you tell the judge that, DCI told you that he is in Dar es Salaam for work so you may meet?

Witness: I didn’t talk about that

Defense counsel: Do you DCI have relocated to Dodoma and his office is in Dodoma?

Witness:  I can’t talk about the office of DCI?

Defense counsel:  Who brought the issue of the DCI office here?

Witness: I am the one

Defense counsel: Do you know what is “CIMIC”

Witness: Yes

Defense counsel: What does it mean?

Witness:   I know the meaning

Defense counsel: When I say it means Civic and Military Coordination do you agree?

Witness:  I agree.

Defense counsel: Is it true that it is responsible for coordinating the relationship of the armed forces with citizens and other organs?

Witness: That is true

Defense counsel: Does it exist in Tanzania?

Witness: It does not exist, it exists only in countries where they have active war operations.

Defense counsel:  So in Tanzania, TPDF, there is no sharing information with Police?

Witness:  They share

Defense counsel: For that reason TPDF may arrest a person with drugs and report him to the Police for further procedures?

Witness:  Yes

Defense counsel: Even the issue of investigating terrorism, TPDF can arrest a criminal suspect and handle him to Police force?

Witness: Yes

Defense counsel: Contrary to that, the Civic organization may arrest a criminal suspect and hand him to TPDF?

Witness: There is no such thing.

Defense counsel: What is coordination under CIMIC?

Witness:   Its relationship for exchanging reports.

Defense counsel: Do you know about “Presence Patrols”?

Witness:   I know it, it’s not conducted frequently.

State counsel:  Robert Kidando:  Objection my honorable judge: Yesterday you  ruled  on not going deep to disclose some sensitive information like operations conducted by TPDF. Honorable judge Advocate Kibatala is crossing that line.

 Defense counsel:  Peter Kibatala:  Honorable Judge, I heard that ruling but I didn’t ask about  weapons statistics?  If he doesn’t understand about presence patrol, it means the act of army taking soldiers  in streets either for security purposes or just showing their presence to its people like what it has been done by TPDF politicians call for demonstration  or protest we have seen TPDF vehicles and personals in street just to show their presence. But if this question is against your ruling just tell me.

Judge:  Continue without violating my ruling.

Defense counsel and State counsel: Much obliged honorable judge.

Defense counsel: Peter Kibatala:  Is it true that presence patrol is conducted to show enemies the presence of the army?

Witness:  I don’t know

Defense counsel: Is it true that it was conducted several times in Tanzania?

Witness:  I don’t know

Defense counsel: When there is terrorism threat,  TPDF will be involved or not involved?

Witness: There are  protocols, When TPDF will be involved in a situation like that.

Defense counsel: Do you know the famous name used in military “Office number 10”?

Witness:  I don’t know.

Defense counsel: Is it true any military camp has its Intelligence office [IO] which deals with intersectional matters?

Witness:  I don’t know, it deals with specific matters.

Defense counsel: Is there any place you talked about spray poison?

Witness: I didn’t talk about that

Defense counsel: You didn’t talk because Bwire didn’t tell you about Spray poison?

Witness:   Honorable judge, why is he asking something I didn’t say?

Defense counsel: Answer the question

Witness:  I didn’t speak about that

Defense counsel: Do you know  Tundu Lissu?

Witness: I heard about him.

Defense counsel: Do you know Khalfan Bwire and his friends involved in providing security when he was arriving in Tanzania from abroad?

Witness:  Even the president is not protected  by Commandos.

Defense counsel: Answer my question

Witness:  I don’t know

Defense counsel: Do you know one of the duties that was supposed to be performed by the people you recruited was to protect Tundu Lissu.

Witness:  I don’t know

Defense counsel: Do you know what happened to Tundu Lissu making him entitled with that  higher security detail?

Witness:  What I know is that the security for any presidential candidate is provided by the Police force.

Defense counsel:  How many Policies are providing security for a presidential candidate?

Witness:  I don’t know

Defense counsel: Did you talk with the Police concerning securities for candidates?

Witness: I didn’t

Defense counsel: Did you ever provide security to even the secretary of a ward?

Witness:   I never done that

Defense counsel: So why are you talking about the Police? Did you know that, regardless of the  Police force’s duty to protect citizens, Tundulissu was shot with more than thirty (30) bullets?

Witness:  I heard about it.

Defense counsel: Do you know up to date the police force failed to even arrest one suspect connected to  that  attack?

Witness:   I don’t know

Defense counsel: Do you know Freeman Mbowe used to have a security guard called Allan Bujo and is here in this Court?

Witness:  I don’t know

Defense counsel: Do you know Ben Saanane who was helping your ‘homeboy’  has disappeared?

Witness:  I don’t know

Defense counsel: Don’t you see that Freeman was entitled to have security guards?

Witness: That is his personal life

Defense counsel: The act of you communicating with Freeman Mbowe the opposition leader, is it an offense or not?

Witness:  Not an offense

Defense counsel: Is it allowed for a soldier or TPDF Officer to have communication with politicians?

Witness: Normal  communication is allowed.

Defense counsel: Politically?

Witness:   Not allowed

Defense counsel: Is it allowed for TPDF officers to find security guards for opposition leaders?

Witness:  It is not offense that why I am not prosecuted

Defense counsel:  Who decides on which offense is  disciplinary and which one is not disciplinary?

Witness:  I am the one

Defense counsel: Do you know when Adamoo and Ling’wenya arrived at Moshi, they were taken by CHADEMA car?

Witness:   I don’t know

Defense counsel:  Do you know the day they came from Moshi to Dar es Salaam to protect Tundu Lissu, they came with a CHADEMA car?

Witness:   I don’t know

Defense counsel:  Did you ask them?

Witness:  I  can’t ask them everytime.

Defense counsel: I asked you about the 26th date before you cut off communication with them, did you follow  them?

Witness:  Yes, because Khalfan Bwire confessed to me that they have changed.

Defense counsel:How about Adamoo? Did he confess to you?

Witness:  No

Defense counsel:  How about Ling’wenya, did he confess to you?

Witness: No

Defense counsel:  Do you know the meaning of demeanor?

Witness:  I know

Defense counsel:  Do you know it is a situation of asking a question to a person  and that person responds with a different answer?

Witness:  I said, I asked them.

Defense counsel:  What did they tell you? And it was when?

Witness: They told me they were about to start their job, I don’t remember the exact date.

Defense counsel: I remember you were told by Freeman that he will participate in election

Witness:  He didn’t tell me about election, he told me they planned to take a state by whatever means

Defense counsel:    Do you know Freeman Mbowe participated election in his electoral constituency “Hai”

Witness: I know

Defense counsel: Did Freeman Mbowe say his party plans to take a state or does Freeman Mbowe want to take a government?

Witness:  He said, my party planned to take the government?

Defense counsel: Did you know that CHADEMA had candidates all over the country?

Witness:  I don’t know

Defense counsel:  Did you know that CHADEMA had a presidential candidate?

Witness:   I know

Defense counsel:  Did you know that presidential candidates campaign all over the country?

Witness: I don’t know

Defense counsel:  Do you know one of their responsibilities was to provide securities to CHADEMA Headquarter offices?

Witness: I didn’t know

Defense counsel:  Was that money sent to you for recruiting ex-soldiers belonging to Freeman the chairman CHADEMA political Party?

Witness: I didn’t know

Defense counsel: Did you know Freeman Mbowe can’t recruit a security guard for the party without permission of his party?

Witness:  I don’t know?

Defense counsel: Do you know the people you recruited were employed after the decision made by the party [CHADEMA]?

Witness: I don’t Know

Defense counsel: Do you know even musicians like Diamond, football players have security guards?

Witness: I don’t know

Defense counsel:  Are ex-soldiers prohibited from finding another job?

Witness:   No

Defense counsel: Did you tell your CO that you were recruiting security Guards for Freeman Mbowe?

Witness: Yes, I told him, the office knew that I recruited them for Freeman Mbowe.

Defense counsel: So can we find that information at the TPDF office?

Witness: I don’t know

Defense counsel: Why did you decide to convene them in Morogoro ?

Witness:  It was in the center.

Defense counsel:  Can you say anything concerning holding meetings in Mwanza and  Arusha?

Witness:  I didn’t

Defense counsel:  Did you know that Aishi Protea in Machame Hotel was hired by that time?

Witness:  I don’t know

Defense counsel:  Did you know that Freeman Mbowe traveled outside the country after he gave you that information?

Witness: I didn’t know

Defense counsel:   Do you know Godbless Lema?

Witness:  I heard about him.

Defense counsel:   Did he leave the country with his  family?

Witness:  I Don’t know

Defense counsel:  Do you know Tundu Lissu is living outside the country?

Witness: I don’t know if it’s an asylum or he went for tourism.

Defense counsel: Did you know that, If these three people [the accused] weren’t arrested, Tundu Lissu wouldn’t run away from this country?

Witness:  I don’t know

Defense counsel:  Did you know that even Godbless Lema had to run away from his  country because one of the accused persons here who was supposed to provide security for him was arrested?

Witness: I don’t know

Defense counsel:  Honorable judge, that is the end of my examination.

State counsel re-examination

State counsel: Abdallah  Chavula:  You said recruiting security guards is one’s  personal issue, what did you mean?

Witness:  There are many private companies which provide security services for anyone in need with that service but in principle  the issue of citizens’ security is under the Ministry of Home affairs.

State counsel:    You were asked if there would be any difficulty for you after TPDF knew you had a relationship with Freeman Mbowe and you said No, What did you mean?

Witness: Because no one is restricted from having a relationship with another person. It is restricted to be involved in politics only.

State counsel:   Why did you say you’re not an important person?

Witness: There is no Tanzanian who is more important than the other.

State counsel:    You were given a Bible story about Daniel and they related to the Ling’wenya incident. You said it’s not the same, what did you mean?

Witness: For Daniel, laws was made against,  it can’t be the same to Ling’wenya these people were planing to attack Sabaya and to bomb petrol stations

State counsel:   You said, after Ling’wenya’s father called you, you directed him to call his employer, what did you mean?

Witness: I told him, if he failed to find Bwire, he should call Mbowe because is the one who was in position to know in detail.

State counsel: You said, Phone Communication was not safe, facilitate me so that we can have face to face communication, what did you mean?

Witness: Face to face communication is more than phone communication.

State counsel:  You advised him not to use his phone number to send money to you, why?

Witness: I wanted him to trust me.

State counsel:  You were asked about the amount of money you received from Freeman Mbowe, You said, you wanted that money to mobilize them, What did you mean?

Witness:  It was for vetting and mobilizing them for the job.

State counsel:  There is money you were asked and you answerd it is not for terrorism what did you mean?

Witness:   I meant that money was sent to execute terrorism offences, but i didnt tell them.

State counsel:  You said, you were not surprised when  Khalfan Bwire was arrested, what did you mean?

Witness:  Because they agreed, He was supposed  to report any criminal element seen from Mbowe plans but he didn’t. Thus why I was not surprised

State counsel: You were asked that you gave Freeman Mbowe false information when you told him you don’t have any rank in TPDF, what did you mean?

Witness: It was for security purposes, I can’t meet with a strange person for the first time and provide all the details to him.

State counsel:   You were given a caution statement here, there are places which were written in short but you tried to elaborate in details here, why did this happen?

Witness: Because I wasn’t the one who was writing the caution statement, I am speaking here because I can explain in detail. Not everything can be written in a caution statement.

State counsel:   Honorable judge. No  further questions.

Judge: Dear witness, we are thankful for your cooperation you have shown for five days here in the court. You can leave now.

 State counsel:   Robert Kidando:  Honorable judge, we are praying for two days adjournment in order to come with another Witness on 4th February 2022, the one we prepared to come has an emergence so we are looking for another witness.

Defense counsel:  Peter Kibatala: Honorable judge, There is no reason for two days adjournment because  in their committal bundle they listed many Witnesses. How come they fail to get one of those witnesses?. Our Clients have right to know their fate, we are asking to proceed with the case tomorrow because many of there witnesses listed there address are found in Dar es Salaam ,

State counsel:  Robert Kidando:  Honorable judge  we heard objections from the defense counsel, Peter Kibatala, They are too emotional without any legal ground. To call a witness involves a lot of things which we cant even dare to speak about here, My lord we may come here without witness we will be wasting time and resources here.

Judge:  I know there is a law which binds Prosecutors to come with witnesses, but they have submitted that they will be able to come with witnesses on 04th February 2022. This court sees its wisdom to agree with their request because we may come tomorrow  but if there is no witness we will be wasting resources.  For that reason, I am adjourning this case until Friday  February 4,  2022.

 

The Chanzo Reporter

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