Saturday, January 30, 2016

Court acquits suspended Rita boss

FAUSTINE KAPAMA
THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday acquitted the suspended Executive Officer with Registration Insolvency and Trusteeship Agency (Rita), Phillip Saliboko, on the corruption charges he was facing.

Mr Saliboko had been accused of obtaining 40,425,000/-, as rewards from VIP Engineering and Marketing Limited owned by businessman James Rugemalira, as its sole signatory.
Senior Resident Magistrate Thomas Simba ruled that the prosecution, through its three witnesses, failed to prove the charges against the ex-Rita boss beyond reasonable doubts, as required in criminal cases.
The witnesses called by the Prevention and Combating of Corruption Bureau (PCCB) included two officers from Mkombozi Commercial Bank PLC and an investigator from the corruption bureau watchdog.
Analysing the evidence given, the magistrate said that there was no dispute from both prosecution and defence sides that indeed Saliboko had opened an account at the Bank and such amount was deposited therein.
Therefore, he said, there was no need for the prosecution to bring the bank officials to testify in the case and the only witness remained was the investigator of the case.
The magistrate observed further that when giving his evidence, the investigator could not tell the court whether he had interrogated Mr Rugemalira as to why he had given the accused person the money. “It is my considered opinion that this case was prematurely brought before the court.
The prosecution has failed to discharge its burden of proving the charges beyond reasonable doubt. The accused person is acquitted forthwith,” Magistrate Simba declared.
In his defence testimony, Saliboko had told the court that indeed he had opened an account at the Bank in question and the money was deposited in the account by Mr Rugemalira, who had an agreement with him of looking for plots of land in Dar es Salaam and Tanga for expansion of his company’s businesses.
During hearing of the case, the prosecution had alleged that the accused person committed the offence on February 5, last year, at Mkombozi Commercial Bank PLC House within Ilala District in the city.
According to the prosecution, Saliboko corruptly obtained for himself advantage of the said money via his bank account from that of VIP Engineering and Marketing Limited, of which Mr Rugemalira is its sole signatory.
According to the prosecution, Mr Rugemalira was former Director of Independent Power Tanzania Limited (IPTL). Philip is alleged to have received the money in question for having handled the IPTL affairs in his capacity as provisional liquidator, a matter which was related to his principal’s affairs.

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