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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