By Faustine Kapama
ARMENIAN Vardan
Mkhitaryan (47) and a Tanzanian Rosemary Mwemezi (32), appeared before
the Kisutu Resident Magistrate's Court in Dar es Salaam yesterday
charged with several counts relating to fraudulent use of communication
network and occasioning loss to the government.
Before Senior
Resident Magistrate Augustina Mbando, the accused persons were not
allowed to enter plea to the charges because the case against them falls
under the Economic and Organised Crime Control Act.
Other counts
include conspiracy to commit an offence, operating electronic
communications without a license, use of unapproved electronic
equipment, importation and installation of electronic communication
equipment without a license and use of unapproved electronic equipment.
The case was
adjourned to June 18, 2020, for mention as investigations, according to
State Attorney Jacqueline Nyantory, for the prosecution, are incomplete.
The magistrate ordered them to remain in remand as her court lacked
jurisdiction to entertain anything, including the question of bail.
It is alleged that
on diverse dates between October 1, 2019 and May 28, 2020 at various
places within the city of Dar es Salaam, Mkhitaryan, who is a Property
Manager with Classic Mall and Rosemary, a Security Guard, conspired to
commit an offence of fraudulent use of network facility.
The trial attorney
told the court that between October 1 and 30, 2019 in Dar es Salaam,
Mkhitaryan imported into Tanzania some electronic communication
equipment, which are Airtel Wireless Gateways without having a license
issued by Tanzania Communications Regulatory Authority (TCRA).
According to the
prosecution, the accused persons within the same period installed and
operated the said equipment without license and that between October 10,
2019 and May 28, 2020 allegedly used the equipment which were not
approved by the Authority.
Within the same
period at Mbezi beach area within Kinondoni District in the city of Dar
es Salaam, with intent to avoid rates payable for receiving or
transmitting international incoming traffic, the two accused persons
allegedly dishonestly transmitted international incoming traffic.
The prosecution
further alleged that October 10, 2019 and May 28, 2020 at Mbezi Beach
area in Kinondoni District, knowingly and by their willful acts,
Mkhitaryan and Rosemary caused the government of Tanzania and TCRA to
suffer a pecuniary loss of 44,552,175/-.
Meanwhile, the same
court sentenced businessman Obadia Kwitega to either pay 5m/- fine or
go to jail for one year for providing contents on his online television
without license issued by TCRA.
Principal Resident
Magistrate Janeth Matega imposed such sentence after convicting the
businessman, who runs Bongotimes TV on his own plea of guilty. In
addition, the magistrate ordered the convict to pay 2m/-as compensation
to the government for committing the crime.
Initially, the
businessman had entered into plea bargaining agreement with the Director
of Public Prosecutions (DPP) in order to end the trial. Following such
agreement, which was accepted, the prosecution made some modification of
the charges by dropping one count against the businessman.
Before being
sentenced, the businessman requested the court to provide him lenient
sentence considering that he is the first offender and has several
people who depend him. He also told the court that he has a woman whom
they would get married soon.
On the other hand,
the prosecution, led by State Attorney Faraji Nguka, requested the court
to punish the businessman in accordance with the law and the terms and
conditions of the agreement in order to serve lessons to him and others
who might be tempted to commit similar crimes.
The prosecution had
told the court that on diverse dates between January 29, 2017 and March
29, 2019 at various places in Dar es Salaam City, through his online
Television known as Bongotimes TV, the businessman provided online
contents with license issued by TCRA.
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