Court relocates to MNH as Manji faces 7 counts

THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday moved to Muhimbili National Hospital (MNH) where prominent businessman Yusufali Manji and three others were charged with seven economic and national security counts relating to military uniform fabrics worth over 200m/-.

Other charges relate to illegal possession of government stamps, which are three rubber stamps of the TPDF bearing different addresses and two motor vehicle plate numbers of government offices suspected to have been unlawfully acquired.

Tired looking Manji (41), who is admitted to the Jakaya Kikwete Cardiac Institute, is charged alongside three officials with Quality Group, Deogratius Kisinda (28), the Human Resources and Administrative Officer; Abdallah Sangey (46), Store Keeper and Thobias Fwele (43), Assistant Store Keeper.

Before Principal Resident Magistrate Huruma Shaidi, the accused persons were not allowed to en ter plea to the charges because the Kisutu Court has not received consent of the Director of Public Prosecutions (DPP) to hear the matter.

Otherwise, the case will be tried by the High Court. The prosecution, led by Senior State Attorneys Mutalemwa Kishenyi, Nassoro Katuga and Tulumanywa Majigo informed the court that investigations into the case have not been completed.

The prosecution requested the court to set another date when the case will be mentioned. The Magistrate granted the prosecution’s request and adjourned the trial for mention on July 19 and ordered the accused to remain in remand.

But before adjournment of the trial, the prosecution presented a certificate by the DPP seeking to deny bail to the accused. According to the prosecution, if the accused persons are bailed out the interests of the public and national security would be at stake or jeopardy.

The prosecution further told the court that the jurisdiction of the court has been ousted to consider bail according to the nature of offences charged. The prosecution’s position received strong resistance from advocates for the accused comprising Husdon Ndusyepo, Emmanuel Safari and Seni Malimi to the effect that what has been done was nothing than undermining justice for their clients.

The advocates submitted that it was clear the nature of the charges filed oust the jurisdiction of the court to consider bail to the accused persons, but the prosecution went ahead to submit to court the DPP’s certificate in total abuse of court process and position.

The advocates further told the court that it was a shame for the office of the DPP to file such a certificate under improper forum, thus exhibiting his (DPP) ill will and that such conduct was unfair and prejudicial to the accused.

“Today, your honour, the High Court in miscellaneous application No. 115/2017, was set to question the restraint of the accused persons by the police beyond the required time. But the prosecution has come up with charges which do not reflect the circumstances of the case,” advocate Ndusyepo submitted.

After hearing the arguments from both parties, the Magistrate said he could not do anything on the requests made considering the fact that the case fall under the Economic and Organised Crimes Control Act and that is why even the accused persons have not been called upon to enter plea to the charges.

It is alleged that on June 30, this year at Chang’ombe A area in Temeke District, jointly and together, all accused persons were found by a police officer in possession of 35 bundles of fabric used for uniforms of the Tanzania People’s Defence Forces (TPDF), valued at 192.5m/-, which were unlawfully acquired.

Manji (pictured) and his coaccused persons were also charged with a similar count of being found with eight bundles of the same materials valued at 44m/-, allegedly committed on July 1, this year, at Chang’ombe A area in Temeke District in the city of Dar es Salaam.

It is alleged by the prosecution that on June 30, this year, at the same area in Temeke District, the accused persons were found in unlawful possession of government stamps, which are three rubber stamps of the TPDF bearing different addresses without lawful authority.

Such stamps, according to the prosecution, contained different addresses including, “Mkuu wa Kikosi 121 Kikosi Cha Jeshi JWTZ, Kamanda Kikosi 834 KJ Makutupora Dodoma, Commanding Officer 835 KJ, Mgambo P.O. BOX 224, Korogwe.”

It is alleged by the prosecution that such act by the accused of being found with the rubber stamps of TPDF addresses was prejudicial to the safety or interests of the United Republic of Tanzania.

The prosecution told the court further that on July 1, 2017, at Chang’ombe A area within Temeke District, jointly and together, all the accused were found in possession of two motor vehicle registration plate numbers SU 383 and SM 8573, which were unlawfully acquired.