Dar court dismisses defence objection in abuse of office case

THE Kisutu Resident Magistrate's Court dismissed the objection raised by defence, opposing the admissibility of three caution statements recorded by three senior officials with Suma JKT, charged with abuse of office during execution of a road construction contract.

Senior Resident Magistrate Aloyce Katemana ruled that the statements for accused persons, Col. Ayoub Mwakang'ata, Lt. Col Paul Andrew Mayavi and Maj. Yohana Leonard Nyuchi, were properly recorded in accordance with the law, including giving them their rights and were free.

The defence, led by advocate Majura Magafu, had opposed to the admissibility of the statements because his clients were not free and had not been accorded with their rights as provided for under the law at the time they were called upon to record them during investigation.

However, the magistrate ruled that the prosecution followed all the required procedure before requiring the accused persons to record the statements. In the statements, the accused persons are alleged to have detailed accounts leading to the commission of the offence.

The defence had opposed to the production of the statements when an investigator with the Prevention and Combating of Corruption, Vangsada Mkalimoto, was called to testify against the accused persons before the court in September this year.

Such objection forced the court to conduct what is called 'trial within a trial' session to determine whether the accused persons were under pressure and the law was followed when reducing in writing their cautioned statements. After delivery of such ruling, the magistrate adjourned the trial to December 12, this year, for mention.

Other Suma JKT officials charged in the matter are Lt. Col. Mkohi Chacha Kichogo, Lt. Col. Felix Andrew Samillan, Maj. Peter Mabula Lushika, and Sgt John Andrew Laizer.

They are charged with abuse of their positions during execution of Msata-Bagamoyo Road by Takopa Construction Company, whose shareholders were Suma JKT and a foreign partner, Chung Moo from Korea at a cost of 12bn/-.

The Company had signed the contract with Tanzania National Road Agency.

It is alleged that between March 5 and 12, 2009, all accused persons abused their positions by passing resolutions authorizing Suma JKT Tender Board to act as Takopa Construction tender board and procured used motor vehicles and construction equipments, without authority and without following the rules.

The prosecution claims further that between March 16 and May 4, 2009, Lt Col. Samillan and Lt Col. Kichogo abused their positions by transferring a total sum of 3,853,629,516/- from Takopa Construction Company Limited account to that of Suma JKT without observing the law.

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