Court urged to reject appeal by two in EPA case

Dar es Salaam. The prosecution side in a case against Shaban Maranda and Ajay Somani has asked the High Court to turn down an appeal by the two who are contesting a two-year jail term.

The two were sentenced by the Kisutu Resident Magistrates’ Court in November 23, last year, after being found guilty of stealing Sh3.8 billion from External Payment Arrears (EPA) account of the Bank of Tanzania (BoT).

In the judgment delivered by a panel of three magistrates, Samuel Kalua, Beatrice Mutungi and Ilvin Mugeta, the accused were also ordered to return the money.

However, the accused through their lawyers Majura Magafu and Alexander Mzikila lodged an appeal at the High Court against the sentence.

Replying on appellants grounds for appeal, senior state attorneys Osward Tibabyekomya and Shadrack Kimaro submitted that the ruling by the Kisutu magistrate against the two was right because the charges were proven beyond any reasonable doubt.

“We are supporting their conviction along with the order to return the money,” prosecution told the Court.

In their appeal, the appellants alleged that the court erred in analysing evidence thus resulting to an incorrect decision.

The appellants’ lawyers argued that the prosecution failed to prove the charges beyond reasonable doubt.

After hearing arguments from both parties, Judge Rose Teemba, presiding over the case said she would deliver her judgement on February 3, next year.

The two were charged along with other four people including businessman Farijala Hussein and three BoT employees.

The three BoT employees were fined Sh15 million each after they were convicted with negligence which caused the central bank to incur the loss of money.

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