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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