Judges allow Lissu treason trial to proceed

A panel of High Court judges last Monday dismissed key preliminary objections filed by Tanzanian opposition leader Tundu Lissu, clearing the way for his controversial treason trial to proceed. The court ruled that the charge sheet is valid and that any procedural issues with witness statements were not sufficient to warrant a dismissal of the case, reports The Chanzo. The ruling came after a dramatic day in a packed courtroom. The ruling represents a major setback for Lissu’s legal strategy, which had focused on challenging the technical and procedural foundation of the prosecution’s case. Over several court sessions, Lissu, who is representing himself, had systematically argued that the charge sheet was ‘incurably defective’ and that witness statements, particularly those self-written by police officers, violated the Criminal Procedure Act. Before delivering the ruling, the court dealt with a procedural matter when State Attorney Nassoro Katuga, leading a team of seven government lawyers, requested to make a submission before the decision was read. Katuga argued that if they waited until after the ruling, their request would ‘lose meaning completely’. However, the request was denied. In their ruling, the judges concluded that the current charge sheet adequately contained both the ‘statement of the offence’ and ‘particulars of the offence’ as required by law. On the second objection concerning witness statements, the court acknowledged that there were procedural questions about police officers writing their own statements. However, the judges determined that while these issues existed, they could be addressed during the trial through cross-examination rather than requiring pre-trial dismissal. The court concluded that the alleged defects were not fatal to the case and did not prevent it from moving forward.

Full report in The Chanzo