THE Kisutu Resident Magistrate's Court on Tuesday refused to deliver the ruling on bail application made by Chairman of Chadema Youth Council (Bavicha), Kilimanjaro Region, Lemruce Mchome (30) who is charged with publishing pornographic materials due to uncertainty on his whereabouts.
Resident Magistrate Vick Mwaikambo was set to deliver the ruling via video conference connecting from the Dar es Salaam Court to Keko Remand Prison, but prison authorities denied having the accused person in their custody.
The magistrate insisted that she had ordered Mchome, a resident of Kisaranga in Mwanga District, Kilimanjaro Region, to remain in remand at the prison facility on May 20, 2020 when he was arraigned for the first time in connection with the charge.
Advocate Peter Kibatala, for the accused person, chipped in by explaining that though there were controversies on where his client was taken, he saw him in the court premises under escort of the police.
But the magistrate said, "What I know the accused should be at Keko, if he has come, I don't know how he was brought here because I have never given any removal order other than ordering him to be sent to prison. I am surprised to be told that the accused is here."
Advocate Kibatala, however, requested the court to direct the prosecution to verify the presence of the accused person and explain the circumstances surrounding the matter as to why he was brought to court, but not coming from Keko prison.
Responding, Principal State Attorney Materus Marandu for the prosecution, argued that the prevailing matter was that the Court had ordered the accused to be taken to remand prison, but such order has been violated, a matter that needed to be investigated.
The magistrate had no other option than to adjourn the proceedings to next Friday. It is alleged that the accused person committed the offence on diverse dates between January 1 and April 30, 2020 within the Capital City of Dar es Salaam.
The court heard that within the period, Mchome transmitted through his computer, namely mobile phone pornographic materials such as a male organ, obscene pictures; Video of people doing sexual intercourse, and nude photos which are lascivious in nature.
Such offence is contrary to section 14 (1) (b) and (2) (b) of the Cyber Crime Act, 2015. Section 14 of the Act reads that "(1) A person shall not publish or cause to be published through a computer system or through any other information and communication technology: (a) pornography......
"......(b) Pornography which is lascivious or obscene. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction, in the case of publication of (a) pornography, to a fine not less that 20m/-or to imprisonment for a term of not less than seven years or to both;
".....and (b) pornography which is lascivious or obscene, to a fine of not less than 30m/-or to imprisonment for a term of not less than ten years or both."