Kisutu Resident Magistrate’s Court in Dar es Salaam has acquitted businessman Kanji Mwinyijuma and former Company Secretary with Reli Assets Holding Company (RAHCO), Emanuel Massawe, in the 15tri/- trial involving the Standard Gauge Railway (SGR) Line Project.
Principal Resident Magistrate Rhoda Ngimilanga set free the duo after the prosecution had failed to establish a prima facie case requiring them to give defence evidence against several criminal charges they were facing in the economic trial.
“The second accused (Kanji) and third accused (Massawe) have no case to answer. They are not guilty and they are acquitted according to section 230 of the CPA (Criminal Procedure Act). It is so ordered,”the trial magistrate ruled.
She pointed out that it is the trite law that the prosecution has the duty to establish against the accused the prima facie case, whose evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact and that evidence would require the accused to enter his defence.
The magistrate said that having gone through the evidence which was adduced by nine witnesses in attempt to prove the charges, the court found that the prosecution has not established the prima facie case against the two accused persons.
However, she said, the prosecution, led by an officer with the Prevention and Combating of Corruption Bureau (PCCB) Magera Ndimbo and State Attorney Iman Nitume, managed to establish a case against ex- Director General with RAHCO, Engineer Benhadard Tito, in respect to the charges.
“The prima facie case is hereby established in respect of second to seventh counts of the charge against the first accused (Tito). The first accused has the case to answer and he is required to make defence as per section 231 (1) of the CPA,”she ruled.
In the trial, the accused persons were charged with conspiracy, abuse of position and occasioning over 1bn/- loss in transactions relating to upgrade of the railway in question.
The prosecution had alleged that on February 27, 2015, at RAHCO offices in Ilala District, while discharging his duties, being the Managing Director of the Company, Eng Tito intentionally abused his position by procuring Rothschild (South Africa) Proprietary Limited.
According to the prosecution, such company was procured as transaction advisor for the project to upgrade the central line corridor railway in Tanzania by single source method without a prior approval of RAHCO Tender Board, an act which was in violation of Procurement Act.
Between March 12 and May 20, 2015, at RAHCO offices, Eng Tito and Massawe allegedly abused their positions by signing a letter for appointing the South African company and failure to submit consultancy services contract between the company and RAHCO to the Attorney General for vetting.
The two accused persons, between May 20 and June 20, 2015, at RAHCO offices, allegedly abused their positions by signing the consultancy agreement and failure to submit copies to the Attorney General, Controller and Auditor General, Internal Auditor General and Tanzania Revenue Authority.
Between March 1 and September 30, 2015, at RAHCO offices, by their willful acts, all the three accused persons procured consultancy services from Rothschild (South Africa) Proprietary Limited, which was not rendered, thereby causing loss of 527,540 US dollars, which was paid as advance.
Eng. Tito was charged with additional count of abuse of his position that on August 18, 2015, allegedly awarded China Railway Construction Corporation construction work of 2km of Standard Gauge railway line at Soga worth 2,312,229.39 US dollars, without approval of RAHCO Tender Board.
Comments
Post a Comment
Welcome.......
What are you thinking of....!!