Ex-ATCL chief case postponed to April 25

MAUREEN ODUNGA

THE case involving former Air Tanzania Company Limited (ATCL) Managing Director David Emmanuel Mattaka charged with abuse of position and causing a loss of more than 86bn/- to the company will continue on April 25, this year.

Before Senior Resident Magistrate, Thomas Simba of the Kisutu Resident Magistrate’s Court in Dar es Salaam, State Attorney, Estazia Wilson requested for another date because the presiding magistrate was absent.

“Investigations into the matter has not been completed and Principal Resident Magistrate Respicius Mwijage is not present, therefore could not go on with the case,” the prosecutor said.

Mattaka is charged jointly with two former senior officials with the Public Procurement Regulatory Authority (PPRA) former Chief Executive Officer, Ramadhan Seif Mlinga, and Bertha Legal Secretary Humphrey Soka.

The two are facing only one count of forging some minutes. It is alleged that on October 9, 2007 at ATCL offices in Ilala District, being the Managing Director and Chief Executive Officer, in discharge of his functions, intentionally Mattaka abused his position by signing Aircraft Lease Agreement in respect of Airbus A320-214 manufacturer’s serial number 630.

Such agreement, according to the prosecution, was between Wallis Trading Inc as lessor and ATCL as a lessee.

It is claimed that the signing of the agreement did not comply with the Public Procurement Act and Regulations. Mattaka is alleged to have failed to follow tender procedures in the process.

The prosecution charges Mattaka with abusing the authority of his office on October 27, 2007 by signing a lease certificate of acceptance of the Airbus in disregard to technical advice that he was given, an act that was prejudicial to the rights of ATCL.

It is alleged that between October 27, 2007 and April 24, 2008 at ATCL offices, through such misconduct Mattaka caused the company to suffer a pecuniary loss of 772,402.08 US dollars, which was paid to Aeromantenimiento, S.A. as maintenance service charges.

Between October 27 and November 29, 2007 at ATCL offices, the prosecution claimed that Mattaka signed wilfully the lease acceptance certificate for the Airbus, causing the company to incur a loss of 35,984.82 US dollars.

The prosecution alleged further that between October 9, 2007 and October 29, 2011, at ATCL, by his negligence, Mattaka signed the Aircraft lease agreement between Wallis Trading Inc and ATCL, causing the government to suffer a pecuniary loss of 42,459,316.12 US dollars, which ATCL owed to Wallis Trading Inc