FORMER Director General with the National Identification Authority (NIDA), Dickson Maimu and five other senior officials have rushed to the High Court, requesting to be granted bail in the 1.2bn/- abuse of position and economic case they are facing.
Others seeking bail are Manager of
Finance and Accounts Benjamin Mwakatumbula, Transport Officer George
Ntalima, Director of Legal Service Sabina Raymond, and Xavery Kayombo,
whose official capacity was not disclosed and Astery Ndege, the Director
of Aste Insurance Brokers Company Limited.
In the application, the accused persons
are seeking for bail, pending committal proceedings conducted at the
Kisutu Resident Magistrates’ court in Dar es Salaam and that the court
should impose on them reasonable bail terms and conditions.
Advocate Michael Ngalo, on behalf of
other counsel for the accused, Seni Malimi, Sylvester Kakobe, Godwin
Nesphory Nyaisa, Gordian Isaya Njaala and Audax Vedasto, has filed an
affidavit to support the application for bail.
He stated that on August 17, this year,
the accused and two others were arraigned at the Kisutu Resident
Magistrate’s Court before Principal Resident Magistrate Respicious
Mwijage, facing twenty seven charges, including occasioning loss to a
specified authority.
Such offences, he stated, fall under the
Economic and Organized Crimes Act, which is triable by the High Court.
Due to the fact that the total monetary value alleged exceeded 10m/-,
the lower court has no jurisdiction to entertain and determine any
application for bail to the accused persons.
The advocate disclosed the grounds under
which their clients were seeking bail, saying as the offences which
they stand charged with are all bailable and that the accused have
reliable sureties to secure their attendance in court whenever required.
He stated that prior to their
arraignment, the accused had been arrested by officers of the Prevention
and Combating of Corruption Bureau (PCCB) and the Police Force but were
released on bail and that they are permanent residents of Dar es Salaam
and have families who depend on them.
The accused, according to him, have been
cooperative in the investigations in relation to the charges they are
facing and they are mature and law abiding citizens who will attend the
committal and or the trial court on all dates set for either mention or
hearing of the case.
Advocate Ngalo also stated that their
clients undertake to be ready and willing to unconditionally comply with
and be bound by the reasonable conditions and terms that the court will
deem fit to impose on the grant of bail to them.
“The applicants are entitled to their
constitutional rights of presumption of innocence and fair trial before
they are found guilty and or convicted of the offences they stand
charged with,” he stated.
In the case, the accused are also facing
charges relating to use of documents intended to mislead and conspiracy
to commit an offence. They were not allowed to enter plea to the
charges because they are charged under Economic and Organised Crime
Control Act.
They were all ordered to go to remand
until August 31, when the case will be mentioned. Investigations into
the case, according to the prosecution, have not been completed. The
magistrate had ordered that bail would be considered by the High Court
since the amount involved in the matter exceeded 10m/-.
The prosecution alleged in some counts
that between August 2010 and November 2011, at NIDA, Maimu and Raymond
abused their positions by procuring the School of Law, formerly Faculty
of Law of the University of Dar es Salaam in association with M-S Law
Partner a provision for consultancy services.
Such services, it is alleged, related to
review of existing legislations and proposal of a legal framework to
support the implementation of the National Identification programme,
knowing that there was in existence a similar contract between NIDA and
Gotham International Limited.
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