THE High Court yesterday rejected bail application lodged by former Director General with National Identification Authority (NIDA), Dickson Maimu and five other senior officials in the 1.2bn/- abuse of position and economic sabotage case they are facing.
He ruled that the affidavit filed by the accused persons, through advocate Michael Ngalo, had some defects hindering to warrant the support of the application in question and that the counsel was not clear as to who he was representing for.
In his ruling, however, the judge allowed the accused persons to file another application with supporting affidavit for each of them if they so wished, at a later stage. Other accused persons 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 persons had sought for bail, pending committal proceedings conducted at the Kisutu Resident Magistrates’ court in Dar es Salaam and that the court should impose reasonable bail terms and conditions to them.
Advocate Michael Ngalo, on behalf of other counsel for the accused persons, 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 said accused persons 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, falls 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 for bail as the offences which they stand charged with, are all bailable and the accused persons have reliable sureties to secure their attendance in court whenever required.
He stated that prior to their arraignment, the accused persons had been arrested by officers of the Prevention and Combating of Corruption Bureau (PCCB) and the Police Force and were released on bail and that they are permanent residents of Dar es Salaam with their families who 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.
Advocate Ngalo stated also that their clients 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 them and grant of bail to them.
“That the applicants (accused persons) 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 persons are also facing charges relating to the use of documents intended to mislead principal 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.
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