TZW
Presenting their grievances at the Kisutu Resident Magistrate’s Court in Dar es Salaam, advocates for accused persons told Principal Resident Magistrate Wilbard Mashauri that for a quite some time now the DPP was still scrutinising the case’s file without any positive outcome.
Advocate Dominician Rwegoshora claimed that the investigations into the matter were taking too long considering that the accused persons have been in remand for about eight months now since June last year, when they were arraigned for the first time. Within such period, the advocate submitted the prosecution under the Prevention and Combating of Corruption Bureau (PCCB) has maintained that the investigations are incomplete simply because the DPP has not completed going through the case file. “We, as advocates and our clients have no problem with the court.
We understand the court is following the law and procedure and cannot force the prosecution to say that investigations are complete. It should be on record that our concern is about the DPP,” he told the court.
Another advocate Nehemia Nkoko joined hand with his co-counsel to present his concern over delay of investigations into the matter, while the charge sheet containing the offences under which their clients are charged with was clear, as it indicates all the particulars, including money and receipt involved. “The time has come we should be told the truth what is going on here. Our clients are suffering in remand.
They want to know the outcome of their case. Given the circumstances we should be told by the prosecution what is the problem behind this delay,” he submitted. Advocate Abraham Senguji also added his voice of concern, forcefully arguing that the way the charge sheet has been prepared is enough for the prosecution to start calling witnesses. He requested the court to order the prosecution to bring witnesses in the next session.
Alternatively, the advocate asked the court should set a short adjournment when they would present submissions on the way the prosecution was conducting the proceedings. However, PCCB Prosecutor Leonard Swai hit it back, describing in his response that the defence arguments are baseless. He told the court that the question by the prosecution to start calling witnesses without completion of investigations and the court to conduct preliminary hearing was uncalled for.
According to him, the prosecution has been updating the court one stage to another on the status of the trial. The prosecutor submitted that the DPP was still going through the prosecution’s file and has not givenany directives on how to go about the matter.
He, therefore, requested the court to dismiss the requests made by advocates for the accused persons. After hearing the arguments by the parties, the magistrate said he would give his ruling on March 15, 2018.
The accused persons in the matter are ex-TFF President Jamal Malinzi, his Secretary General Mwesigwa Selestine and Accounts Officer Nsiande Mwanga.
The prosecution has filed a total of 28 counts against them, with Malinzi alone facing 26 charges, while Selestine faces four and Mwanga has two counts.