Judge attacked at rush hour

Judge attacked at rush hour

2008-10-27 12:45:09
By Rose Mwalongo


A man in his mid twenties smashed the windscreen of a vehicle carrying High Court judge Thomas Mihayo at a Dar es Salaam street, then pointed a threatening finger at him.

In a rare incident, an eye witness said that a few days ago, the attacker jumped onto the bonnet and kicked the windscreen, and, after smashing it, jumped down, came close to the window, and turned to the judge.

Ilala Regional Police Commander Faustine Shilogile confirmed the incident and named the assailant as Karim Mlembele.

Narrating the ordeal exclusively to The Guardian, Justice Mihayo said: ``I was going to church early morning before proceeding to work when something happened.

``It was around 6.45 in the morning, we were at the Azania Front junction. I was looking down at the watch as I was worried that I would be late for work.

The car was on standstill as the driver waited for vehicles from the opposite side to pass.

Then all of a sudden, someone jumped onto the bonnet and began smashing the windscreen with his feet.

``It was strange. We all watched with shock. He made the first kick against the windscreen and then a second, until the whole screen collapsed.

He then jumped down and came to my side, and, wearing a serious look, wagged a threatening finger at me, then ran away towards Togo Street.``

Justice Mihayo, who was at the material time seated with his daughter on the back seat, admits that the incident was quite shocking and left him wondering what the assaulter was really up to.

However, he was grateful that none of them were injured by the glass rubble, apart from having to remove the pieces from their clothes.

``I asked my driver on whether he had done anything to provoke the assailant, like driving close to hitting him, but the driver said there was nothing like that.

Moreover, the car was not moving and there were a number of vehicles behind us,`` he said.

Asked if he had met the man previously, Judge Mihayo said he had neither seen him nor would he remember his face if he were to be paraded for identification.

He said the attacker appeared quite sane, like someone on his normal jogging routine.

``I heard later on that the guy was a bhang smoker who had assaulted a number of other people, including a female traffic police officer and was arrested later during the day,`` he said.

He, however, said he had been left wondering. ``I don`t know why it happened and why he picked on my car. I am worried whether it had something to do with my work.

We make so many decisions and it is hard to please both sides.

``A decision which is otherwise considered good to one person may be deadly to the other. We decide cases everyday and the files look simple but they are two parties and obviously one is hurt. You don�t know how unhappy they are,`` he said.

The judge expressed concern over the security of judges, saying: ``We are potential targets due to the nature of our work.``

Asked if judges were properly guarded, Judge Mihayo said so far he had come across patrolling police officers five times at his home ever since he came to Dar in 2003.

``We don`t have anyone to guard us while in Dar. They normally provide protection whenever we are on upcountry assignments.

In most cases, the police in Dar say they are overstretched,`` he said.

Commenting on the issue, Ilala RPC Faustin Shilogele said they had arrested the attacker but suspected he was insane.

``We intend to take him to court. We will need to take him to the hospital to check whether he is insane or not.

There are reports that he is mad as he normally roams around the State House and is known all over that area. Nevertheless, we will conduct investigations,`` said Shilogile.

On his part, Police Commissioner Paul Chagonja said the law stipulated that judges should be provided with protection from 12 pm to 12 am while at home.

``It is mandatory for judges to be protected at home. The only place judges are supposed to be left alone is when they are moving to and from work. Judges are guarded throughout the time they are in office,`` said Chagonja.

On alleged failure to offer protection to judges as stipulated, Chagonja said whatever was happening amounted to administrative problems.

``These are setbacks which needs to be looked into,`` he said.

He said judges were also entitled to police protection whenever traveling upcountry. ``A police officer has to make sure that they reach their destination before handing the duty over the relevant RPC,`` Chagonja said.

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