Shaaban Mintanga: Former boxing body leader off the hook

By Rosina John, The Citizen Correspondent.

Dar es Salaam, Tanzania. 

After spending four years behind bars, former Boxing Federation of Tanzania (BFT) president Shaaban Mintanga (55) was yesterday acquitted of drug trafficking charges. High Court judge, Dr Fauz Twaib said four witnesses who supported the prosecution case have failed to establish a clear case against the accused.

Anti drugs officials arrested and charged Mintanga in 2008 with two counts of conspiracy and trafficking in 4.8 kilograms of heroin valued at Sh120 milion to Mauritius from Tanzania.

Mintanga was implicated in the drug offence after two Tanzanian boxers- Emiliani Patrick, Petro Mtagwa and their coach Nassoro Michael were arrested in Mauritius on June 2008 where they had gone for the Africa boxing championship.

Anti-drugs police then moved to arrest Mintanga weeks later after gathering what they said “evidence pointing to his involvement in facilitating three Tanzanians to travel to Mauritius as part of the delegation”.

Head of anti-drugs unit went on record as saying his men had searched Mintanga’s house and found some exhibits.

Prosecution relied on air tickets which were used by boxers and fans who were caught with the drugs in Mauritius. The tickets, according to prosecution, bore Mintanga’s telephone number.  Another prosecution witness had told the court that the accused was the one who introduced the fans to members of the boxing team at the Dar es Salaam International Airport before departure.

But yesterday, justice Twaib sided with the defence that the evidence was circumstantial and insufficient to prove the drug trafficking charge.

Judge Twaib wondered why even samples or photographs of the alleged drugs were not adduced in court as evidence. None of the prosecution witnesses, he said, were experts on drugs.

“It is unintelligible that the prosecution chose not to bring any evidence to prove that the substances at issue were actually drugs, not even the commissioner for drugs control who prepared the certificate on narcotic drugs that supported the charge sheet,” said the judge. 

According to the judge, the commissioner for drugs himself never set his eyes on the substances but acted on information he obtained through a telephone conversation.

“I doubt whether this is enough to prove the existence of drugs and the commission of the offence of drug trafficking, “the judge said.There were also a number of contradictions in the prosecution evidence including the actual weight of the drugs, according to the judge.

He said, for instance, the certificate of value shows the drugs weighed 4.8 kilograms while a fax from anti drugs officers in Mauritius indicate six kilograms were seized.

According to Justice Fauz, evidence adduced by prosecution only served to create suspicion on the accused.

The drug scandal forced Tanzania to pay a heavy price after it was expelled from the International Boxing Federation (AIBA) and forced to reapply for membership.

“It is trite law that suspicion alone can never be basic for a criminal conviction. In fact, suspicions raised in this case are either very weak or insufficient to have the accused enter a defence,” he said.

Source: The Citizen (15/10/20120: http://www.thecitizen.co.tz/sport/-/26551-former-boxing-body-leader-off-the-hook