Prosecution, defence lock horns over bail in Tanzania-flagged ship case

By FAUSTINE KAPAMA

PROSECUTION and defence yesterday locked horns over the legality of the certificate that Director of Public Prosecutions (DPP) filed to object bail to two businessmen charged with illegal flying of the country’s national flag on unregistered Chinese ship.

While State Attorney Wankyo Simon, for the prosecution, maintained that the DPP’s certificate was valid and has been properly filed before the court, advocate Dismas Raphael, assisted by Edwin Shibuda, for the accused, opposed.
Senior Resident Magistrate Victoria Nongwa, who is hearing the case at the Kisutu Resident Magistrate’s Court in Dar es Salaam, said she will deliver her verdict on the matter on February 5, after going through the competing submissions by both parties.
Advancing reasons to backup his position, the trial attorney told the court that the DPP was objecting bail to the accused persons, Issa Haji, alias Salum, who is a Director of Lucky Shipping Co.
Limited and Abdullah Issa Hanga, also Director with Saha Company Limited, on public interest. He submitted that the DPP has filed the disputed certificate under section 36 (2) of the Economic and Organised Crime Control Act, stating that the interests of the Republic will be at jeopardy if the two accused getHe argued that on the face of the law, the certificate was valid as the DPP has stated the reasons behind his decision and that he was exercising such rights under powers conferred to him by the country’s Constitution and the National Prosecution Services Act, 2008.
However, the defence bench asked the court to reject the certificate because it was improper and invalid. They submitted that under Article 13 of the Constitution, their clients are presumed innocent until proved otherwise by the court.
The advocates argued that since bail was a constitutional right, the DPP ought to have disclosed cogent reasons as to why the accused persons’ liberty should be curtailed and not only to state in the certificate about jeopardy of public interests. They submitted further that granting bail was an exclusive mandate of the court upon considering the facts surrounding the matter and not the wish of the DPP.
For the DPP’s certificate to be considered, they said, it has to meet the required standards as spelt out by the law and decided cases. In the trial, it is alleged that jointly, the two businessmen furnished advice, assistance and direction in the conduct of the business of criminal racket by flying the National Flag of the United Republic of Tanzania on a foreign fishing vessel christened, HUIHANG 68.
The prosecution alleges further that the two accused persons flew the national flag on the Chinese ship, previously known as GREKO-02, without the certificate of registry from the Registrar of Ships, with intent to reap profit or other benefits from illegal fishing activities.
It is alleged further that within the same period in Dar es Salaam, knowingly the two accused persons permitted the flying of the country’s national flag on the ship in question without having a certificate of registry from the Registrar of Ships for the purpose of causing the ship to appear like a Tanzanian ship.