EPA decision was wrong, says judge

Dar es Salaam. 

The High Court has nullified a decision by the Kisutu Resident Magistrates’ Court to close evidence in the External Payment Arrears (EPA) account theft case against two brothers, Johnson Lukaza and Mwesiga Lukaza.

In its decision which was made on July 5, this year, the Kisutu Court ordered prosecution to close their evidence following a request from the defence lawyers after prosecution witnesses failed to appear in court.However, the prosecution was not happy with the decision even as the Director of Public Prosecutions (DPP) on July 10, this year, filed an appeal at the High Court against the ruling.

The High Court in its decision last week, after going through arguments by both sides, nullified the ruling by the lower court.Giving the ruling, Judge Salvatory Bongole who heard the appeal said the lower court had no authority to force prosecution into closing the evidence.

The Court ordered that the hearing of the case be continued at the Kisutu Resident Magistrates’ Court from where it was then ended.

The prosecution now has an opportunity to call witnesses and proceed with testimonies until it is satisfied enough to rest case.

In the case, which is heard before a panel of three magistrates; Gabriel Mirumbe, Edson Mkasimongwa and Pamela Mazengo,the brothers are alleged to have stolen Sh6.3 billion from the EPA account of the BoT.

The accused are alleged to have forged a documents to show their firm was assigned to collect a debt owed by Marubeni Corp of Japan.

The Citizen: