The accused are Alex Nairo (36), Charles Mwamba (39) , Muarami Chuma (28), Norbert Misana (30), Hamid Husain (48), Joseph Msendo (30) and Ally Tambwe (37) all being bank officials.
The rest are businessmen John Mturi (34) and Yedan Muganda (44) and a resident of Mwananyamala Kisiwani, Fatuma Magoata alias Aziza Salum Alessandro.
Before Senior Resident Magistrate, Emilius Mchauru the accused pleaded not guilty to all charges. Senior State Attorney, Shedrack Kimaro informed the court that the Director of Public Prosecutions (DPP) has filed an application not to grant bail to the accused on the ground that the safety and interest of the Republic will be prejudiced as according to Section 148 (4) of the Criminal Procedure Act.
Defence Attorney Issa Maige and others stood boldly to challenge the certificate filed by the DPP in court restricting bail of the accused, saying that it did not fulfil requirements of the law.
Mr Maige alleged that the application should have certified two things that include whether granting bail to the accused would prejudice peace and security of the nation.
“The certificate does not justify any genuine reason to verify whether public interest or the security of the nation will be prejudiced,” he said.
He alleged that the accused before appearing in court had obtained police bail for more than a week and none of them attempted to jump it not even once nor had it been proven between the times that the peace and security of the public had been prejudiced.
“We request the court to strike out the certificate and instead grant bail to the accused baring in mind the requirements of the law,” said Mr Maige.
Responding to the submissions, Mr Kimaro alleged that the defence could have submitted that the DDP did not present the certificate in writing for which he did and it was clearly stated that the interest of the republic and not the nation will be prejudiced.
“What the defence was submitting is not provided in any section of the law and there was no requirement which gives orders to the DPP to disclose reasons upon issuing a certificate restricting bail,” said Mr Kimaro.
According to prosecution, the accused allegedly on April 28, 2015 at Exim Bank, Samora Branch within the City in Dar es Salaam fraudulently stole 11,000 US dollar.
The prosecution alleged that, on April 29 and 30 this year at Exim Bank, Ubungo branch, the accused stole 46,000 euro, property of the bank.
It was further alleged that, on an unknown date within the city, the accused with intent to defraud forged an introduction letter for Aziza Salum Alessandro with reference number OMK/VOL/2015 dated April 13, this year.
According to prosecution, the accused alleged to have forged the letter purporting to show that it was issued by Ward Executive Officer of Raskazone - Tanga.
Magistrate Mchauru adjourned the case to July 27, this year when he will deliver the ruling on the matter and ordered that the accused be remanded in custody.
Daily News
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