THE Kisutu Resident Magistrate’s Court in Dar es Salaam has directed the prosecution to make a follow-up on the fate of 15bn/- tax evasion case involving five businessmen.
Principal Resident Magistrate Huruma Shaidi gave the directive last Friday, when the case nicknamed by President John Magufuli as “Million Saba kwa Dakika” came for mention in response to concerns by the defence counsel over undue delays by the Director of Public Prosecutions (DPP) to give his decision on how to go about it.
“The accused need to know the outcome of the case. The case file has remained with the DPP for a long time.
I direct the prosecution to make a follow-up with the DPP so that the accused know their fate,” he said before adjourning the case to November 9, this year for mention.
Earlier, Senior State Attorney Mutalemwa Kishenyi had told the court that investigation into the matter was not complete and that the case file was with the DPP, who was still reviewing the evidence gathered.
Defence counsel Nehemia Nkoko, however, reiterated his earlier submissions he gave in last court sessions that as far as what the court was briefed earlier, the Prevention and Combating of Corruption Bureau (PCCB) had completed investigation.
“The PCCB mandated to prosecute this case, has taken the file to the DPP for just signing and giving his consent. The prosecution is giving a blanket statement that the file is with them, but for what?
Let us be told exactly on the next session what is going on,” he argued. In his brief response, however, the public prosecutor asked the defence counsel to read the Economic and Organised Crime Control Act, as the DPP was not just required to sign and give his consent, but also to read the file and be satisfied with the evidence collected.
“It is the DPP, who has the final authority to say that investigation is complete. Let the accused and the defence counsel be patient and give the DPP time to study the file and decide whether the evidence available is sufficient to prosecute or not,” he submitted.
The accused are Mohamed Mustafa Yusufali, alias Mohamedali, alias Choma, alias Jamalii, Alloyscious Gonzaga Mandago, Isaack Wilfred Kasanga, Taherali Sujjauddin Taherari and Mohamed Seif Kabula. Mohamed Mustafa Yusufali alone is facing 196 counts, while the remaining accused are facing two counts each.
They are alleged to have committed the offences at different times between 1995 and 2016 in the city.
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Publish date : 2018-10-30 12:48:09