Thursday, August 27, 2015

BREAKING NEWS: TAARIFA KUHUSU LAWRENCE MASHA KUKAMATWA


PRESS RELEASE TO THE PUBLIC 

ARREST, DETENTION AND PROSECUTION OF LAWRANCE MASHA (ADVOCATE) 


Often times the Tanganyika Law Society (TLS) has had to pronounce itself regarding various incidents which in the opinion of the TLS members amount to blatant abuse of the court process, especially where the courts themselves willingly “invite” such abhorrent and blatant abuses, at the expense of individuals in criminal proceedings.

Members of the Bar have witnessed what we can justifiably presume to be repeated connivance between the court and the prosecutors to deny bail to deserving criminal suspects brought to court. A new unwritten device has been introduced into our criminal procedure system whereby the court grants bail to the accused with one hand and with another hand delivers the accused back to the prosecution “for verification of the sureties’ credentials”!!!! The prosecution takes forever to verify and, meanwhile, as planned, the accused is consigned to remand prison with his “bail” in the pockets. The Tanganyika Law Society will be commissioning its Special Committee to collect as much information as possible on such abuse of the court process in bail applications in order to engage the Judiciary to redress the situation.

READ MORE . . .
 


Meanwhile, we feel the compulsion to pronounce ourselves as members of the Bar on the recent events in the application for bail by one of its members. TLS condemns unreservedly and without being apologetic at the shameful manner in which application for bail by one of its members, Mr. Lawrence Masha (Advocate) was handled at the Kisutu Magistrate’s Court. The offence Mr. Masha is being charged with is “uttering abusive language contrary to Section 89 (1) (a) of the Penal Code, [Cap 16 R.E.2002]” falls in the category of minor offences, readily bailable.

TLS is not questioning the arrest of Mr. Masha and whether or not he is guilty of what is being charged with will be for the court to determine. Nor is TLS challenging the bail conditions set by the court, much as are of the opinion that more relaxed conditions could have served the purpose. What TLS disapproves and will challenge is the lawfulness and prudence of the court abdicating its role and allowing the prosecution to deny Mr. Masha the right to enjoy his right to bail.

Issued today, this 27th day of August 2015 by the Tanganyika Law Society



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