Acquitted Hassanoo rolls back to custody

The Kisutu Resident Magistrate court yesterday acquitted a chairman of Coast Region Football Association (COREFA), Hassan Othman ‘Hassanoo’ and two others who were charged with three counts including conspiracy and alleged stealing property worth 400m/- due to lack of sufficient evidence.

Besides Hasanoo, other acquitted were Wambura Kisiroti and Najim Msenga (50) who were jointly charged with the offence of conspiracy, transport and received copper ingots worth 400m/-.

The verdict was read by Resident Magistrate Sundi Fimbo on behalf of Resident Magistrate Devotha Kisoka who presides the case and wrote the judgment sheet.

Reading the verdict Magistrate Fimbo said the prosecution could not place reliable evidence and its witnesses stated that in their testimony none of them testified that the accused met before to conspire. 

Magistrate Fimbo while quashing the case said there was no evidence to prove that they [accused] had hatched the conspiracy.

She said there were four accused but one of them Said Mohamed was acquitted through ‘nolle proseq’ and court expects that the said Mohamed would came to testify against the accused but the prosecution didn’t call him.

In the witnesses brought before the court, there was no one who confirmed that no copper ingots were stolen because even the truck’s driver who carried the cargo and supposed to be a witness in the case never turned out to testify.

“The prosecution failed to prove without reasonable doubt that the accused committed the offence”, Fimbo said.

She added that no prosecution witness was forthcoming to establish that the accused persons tried to commit any one of these three distinct offences.

Magistrate Fimbo said the accused Hasanoo and Wambura were not the owner of the yard which claimed to stock the copper and the owner Najim was absent during the scene.

The prosecution failed to prove without doubt that accused committed the offence.

Magistrate Fimbo acquitted them from the three charges.

According to the charge sheet, it was alleged that on August 26, this year at Bahari Beach in Kinondoni District the accused conspired to commit an offence of stealing goods on transit contrary to section number 258 and 259 (c) of the penal code.

It was further alleged that, on the same date and place the accused stole 26 tons copper ingots worth 400m/- property of Liberty Express (T) Ltd which were loaded in a lorry with registration number T 821 BCL and trailer number T 566 BCZ.

The lorry was in transit from Zambia to Tanzania.

It was further alleged that on the same date and place the accused received 26 tons of copper ingots knowing or having reason to believe that the same cargo had been stolen or unlawfully obtained.

Hassanoo who used to be an official of Mainland top flight side Simba is also involved in another case linking him with alleged conspiracy to facilitate export of ivory to Hong Kong, is back to custody after being denied bail.  

SOURCE: THE GUARDIAN