THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday acquitted the Managing Director of Richmond Development Company, Mr Naeem Gire on fraud charges relating to the company’s capacity to produce 100MW of electricity in Tanzania.
Principal Resident Magistrate Cyprian
Mkeha ruled in favour of the accused person, ending the pending criminal
trial on a Richmond Company scandal, which had led former Prime
Minister Edward Lowassa to resign from his post in 2008.
The magistrate found that the
prosecution, through its nine witnesses, had miserably failed to prove
the charges beyond reasonable doubt as required in criminal cases.
During the trial, the prosecution had also tendered six documentary
exhibits in attempt to prove the charges in question.
In the trial, the prosecution had
alleged that on March 13, 2006, in Dar es Salaam, with intent to
defraud, Naeem forged a power of attorney, purportedly showing that
Mohamed Gire, the Chairman of Richmond Development Company LLC of Texas,
US, had signed the said power attorney. The prosecution had alleged
that the said power of attorney authorised Naeem of Dar es Salaam in
Tanzania to carry on the business of the company in Tanzania.
The court heard further that on March
20, 2006, the accused uttered the said document at Umeme Park Ubungo,
along Morogoro Road. In his judgment, however, the magistrate noted that
the signatures of the accused person have not been the subject of
examination anywhere.
Instead, he observed, what was examined
by handwriting experts was signatures of Mohamed Gire in the documents
involved in the transaction. Such examination, according to the
magistrate, could not in any way link the accused person who was alleged
to have forged the documents in question.
“Under such circumstances, the offences
against the accused have not been proved. The accused person is
acquitted forthwith,” he declared. Immediately after delivery of the
judgment, advocate Alex Mgongolwa, said he has been satisfied with the
findings of the court and finally justice has been done, though it has
been delayed for so long.
He pointed out that the nature of
evidence given could not anyhow lead to the conviction of his client.
Richmond Company was hired by Tanzania Electric Supply Company Limited
(Tanesco) to produce 100MW of electricity following a prolonged drought,
which adversely affected power production in 2005, but allegedly failed
to generate such power.
On July 28, 2011, Principal Resident
Magistrate Waliarwande Lema of the Kisutu Resident Magistrate’s Court
acquitted Naeem on five counts of forgery, uttering false documents and
giving false information, citing insufficient evidence produced by
prosecution witnesses.
The prosecution appealed to the High
Court against such decision. In his ruling, Judge Lawrence Kaduri said,
“upon analysis, I am of the view that the evidence adduced by the
prosecution witnesses was sufficient to require the respondent (Naeem)
to be put to his defence.”
Judge Kaduri held that two counts of
forgery and uttering false documents against Naeem were sufficiently
proved to require him give his defence, as the prosecution had made a
“prima facie” case leading irresistibly to his guilt if he would not
refute the established evidence against him.
“I therefore order that the case proceed
on the two counts from where it ended before another magistrate with
competent jurisdiction,” the judge ruled. It was at that point in time
the matter was taken back to the lower court, where the accused entered
his defence testimony.
The controversy surrounding Richmond
Company regarding its capacity to generate power attracted intervention
by the National Assembly in 2008 and formed a Parliamentary Selected
Committee, led by Dr Harrison Mwakyembe, now Minister for Justice and
Constitutional Affairs.
Such Committee conducted an inquiry and
upon releasing its report, called for resignation of all top government
officials implicated in the controversial contract with Richmond. Former
Prime Minister Edward Lowassa, who was adversely mentioned in the
report, decided to resign.
He (Lowassa) was followed by Mr Nazir
Karamagi and Dr Ibrahim Msabaha, the then Ministers of Energy and
Minerals and Minister for East African Cooperation, respectively, who
were also mentioned in the report.
The members of the committee also said
the government should on its own take stern disciplinary measures,
including dismissing its officials who caused the country to incur huge
losses by entering into the controversial contract.
Dr Mwakyembe was quoted as saying that
his team had proved that the Richmond contract and its inheritor
(Dowans) overlooked the critical law provisions, reeked of corruption
and showed undue influence peddling by senior government officials.
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