Court exonerates Liyumba

The Kisutu Resident Magistrate court yesterday acquitted former Bank of Tanzania (BOT) Personnel and Administration Director, Amatus Liyumba who was facing charges of possession of prohibited items while serving a jail sentence.

Liyumba was acquitted due to lack of sufficient evidence by the prosecution.

Liyumba was accused of smuggling and using a mobile phone while serving a two-year jail sentence after he was found guilty of abusing office during the construction of the Bank of Tanzania (BoT) twin tower project.

The verdict was read by presiding Resident Magistrate, Augustina Mmbando. 

Reading the verdict, Mmbando said the prosecution failed to do a thorough investigation hence failed to produce reliable evidence. In addition to that, the Magistrate said none of the prosecution witnesses convinced the court that Liyumba committed the offence.

While quashing the case, Mmbando said the first presiding prosecution Elizabeth Kaganda was supposed to direct one of the witnesses named Patrick to present the exhibit in court instead of Kaganda herself presenting the exhibit and the witness acknowledging to recognising it. 

“We expected Kaganda to direct the witness to produce the phone as an exhibit, but she herself presented the phone cover… not even the actual phone… and Patrick only acknowledged recognising the exhibit. The prosecution was supposed to present the phone as an exhibit and not for mere identification,” said Mmbando.

According to the Magistrate, despite having confiscated the phone which was taken somewhere for investigations and identifying the owner, up to yesterday no report had been presented to the court.

However, Mmbando said it is likely that the accused Liyumba was found in possession of a phone while in jail but due to poor investigations, the prosecution has failed to establish the owner of the said phone.

According to prosecution, while serving a jail sentence, Liyumba was brought to court on September 08, 2011 charged with possession of a mobile phone. In the case it was alleged that on July 27, 2012, in Ukonga area, in Ilala, Dar es Salaam, the accused brought in prison a mobile phone with International Mobile Equipment Identity (IMEI) number 356273/04/276170/3 and a Subscriber Identity Module (SIM) card number 0653 004662 contrary to the law and prison regulations. 

SOURCE: THE GUARDIAN