Monday, January 28, 2013

COURT TO RULE ON LULU'S BAIL



Elizabeth Michael, alias Lulu, who is charged with alleged manslaughter in criminal session case number 125/2012 over the death of a domestic film star, Steven Kanumba, will have her bail application worked out by the High Court Dar es Salaam zone today.
Judge Zainabu Mruke is scheduled to preside over the bail application which was filed in court by Lulu’s advocates Peter Kibatala, Kennedy Fungamtama and Fulgence Massawe.
The bail application was supposed to be heard last Friday but it was postponed until today. Friday was a public holiday.

However, no date has been so far set for hearing of the manslaughter case despite Lulu’s strong quest to press for bail.
According to the bail application, Lulu’s advocates show that they have presented the request under section 148(1) & (2) of the Criminal Procedure Act of 2002.

On the application, the advocates claim that the offence that the accused is charged with is bailable and if she is granted bail, the accused is willing and able to fulfill all conditions which the Honorable Court may deem just to impose.

The application claims that Lulu is a person of good character, reliable and is under the care of her parents who all are ready to undertake and ensure the fulfillment of the conditions, including appearing in court as and when required for the trial or for any other purpose.

The advocates claim that Lulu is a public figure and resident of Dar es Salaam and hence within the environs for easy monitoring of the fulfillment of any bail conditions.

On their affidavit, the advocates go on and claim that they were also ready to play any role to ensure that the accused duly fulfils all bail conditions, and to appear in court as and when required.

“As the applicant’s advocate, I am aware that the accused has reliable sureties who are ready to appear before the court to stand as sureties on her behalf,” said one of her advocates.

On December 21, last year, Resident Magistrate Augustina Mmbando of Kisutu Resident Magistrate’s Court completed the committal proceedings and transferred it to the High Court whereby the ruling of the court comes after the prosecution read the committal proceedings to the accused and claimed that they intended to call nine witnesses.

According to the charge sheet, the accused is alleged to have committed the offence on April 7, 2012 at Sinza Vatican in Kinondoni district.

The accused, who earlier submitted that she was 17 years old and not 18 as per the charge sheet, is still in custody.

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