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Wednesday, August 31, 2016

Nida boss' bail application faces deadlock

FAUSTINE KAPAMA

BAIL application by former National Identification Authority (NIDA) Director General Dickson Maimu and seven others remains in limbo following a u-turn by the prosecution over the 1.2bn/- case.

Initially, the prosecution had indicated to have no objection to the bail when the accused appeared for the first time before the Kisutu Resident Magistrate’s Court in Dar es Salaam about two weeks ago.
However, when the parties appeared before Judge Eliezer Feleshi at the High Court on Tuesday for bail consideration, as per application lodged by the accused, the prosecution requested the court to grant them time to file a counter affidavit to the application.
The judge granted the prosecution’s request, ordering the parties to reappear before him on September 2, for hearing of the application.
Others seeking bail are Manager of Finance and Accounts Benjamini 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 are seeking bail, pending the committal proceedings conducted at the Kisutu Resident Magistrates' Court. They are also pleading with the court to impose reasonable bail terms and conditions.
Advocate Michael Ngalo, on behalf of the defence bench that comprises Seni Malimi, Sylvester Kakobe, Godwin Nesphory Nyaisa, Gordian Isaya Njaala and Audax Vedasto, has filed an affidavit to support the bail application.
He stated that on August 17, this year, the accused and two others were arraigned, facing 27 charges, including occasioning loss to the authority. The offences, he stated, fall under the Economic and Organised 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.
The advocate said offences which their clients face 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 were arrested by officers of the Prevention and Combatting of Corruption Bureau (PCCB) and the Police Force and were released on bail and that they all have permanent residences in Dar es Salaam with their families that depend on them.
The accused persons, 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.
He said the bail applicants are entitled to their constitutional rights of presumption of innocence and fair trial before they are proved guilty

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