MANJI TEMPORARY RELEASE BID HIT SNAG

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THE High Court yesterday refused to grant a temporary release to prominent businessman Yusuf Manji, who is receiving treatment at Aga Khan Hospital while under custody of the Immigration Department.

Judge Ama Munisi turned down the oral request that had been advanced by Manji’s lawyers; as such order would render nugatory the hearing of the main application seeking to challenge his detention.

Instead, the judge ordered expeditious hearing of the matter for the best interests of all the parties. She ordered the parties to appear before her next Monday for hearing of the application in question.

Manji, through his lawyers Alex Mgongolwa and Hudson Ndusyepo, has filed an application for “habeas corpus” with the claims that his detention is illegal. The businessman was arraigned before the Kisutu Resident Magistrate’s Court in Dar es Salaam on February 16, this year, charged with one count of consumption of heroin, which is a narcotic drug. Principal Resident Magistrate Cyprian Mkeha granted him bail on condition of signed bond of 10m/-.

He was further required to secure one reliable surety who was also directed to sign a bond of a similar amount. After being granted bail, tired looking Manji was sent to hospital to receive treatment. But recently, his lawyers noticed that their client was still under restraint of immigration officers. They, therefore, filed an application for “habeas corpus” with the view that the immigration officers should surrender him to court and justify why they were still holding him.

When the matter came for hearing before the judge yesterday, Deputy Director of Public Prosecutions (DPP), Oswald Tibabyekomya showed up and entered appearance before the court.

The Deputy DPP informed the court that he was appearing for the Immigration Department, Police Force and the Attorney General and requested for time for him to file counter affidavit. Judge Munisi granted the request and ordered the DPP to file the affidavit in reply to that of Manji’s lawyers by next Monday.

It was at that point in time when the lawyers representing Manji sought an interim order. Meanwhile, the Kisutu Resident Magistrate’s Court in the city yesterday postponed to April 18, for another mention, Manji’s abuse of drugs’ trial, pending further investigations.

State Attorney Constantine Kakula, for the prosecution, informed Principal Resident Magistrate Cyprian Mkeha that they were still conducting investigations into the matter. During the session, Manji was not in attendance. His advocate Alex Mushumbuzi, reported to court that his client had been summoned by the High Court to attend another matter.

In the trial, Manji is alleged to have committed the offence on diverse dates between February 6 and 9, this year, at Upanga Sea View area within Ilala District in the city. Manji allegedly consumed heroin (diacetyl-morphine).

He is among persons implicated with the crime having been named by the Dar es Salaam Regional Commissioner, Mr Paul Makonda. He was later directed to report to the Central Police Station for interrogation.

The businessman complied with the directives. There were reports that suggested later that during the interrogation, Manji fell sick and was taken to Muhimbili National Hospital where he was admitted until when he was brought to court for arraignment.

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