BUSINESMAN Ndama Hussein, alias “Mtoto wa Ng’ombe,” and his co-accused Yusuph Hussein have revoked their request to enter into plea bargaining agreement with the Director of Public Prosecutions (DPP) to end the 345m/- economic trial they are facing.
This was revealed at the Kisutu Resident Magistrate’s Court in Dar es Salaam on Thursday by Advocate Peter Madeleka, for the two accused persons, when the case came for mention.
He told Senior Resident Magistrate in Charge Godfrey Isaya that his clients have lost interest to end the trial through such arrangement.
“We have decided to file an application before the High Court to challenge the validity of the charges against the accused persons. Therefore, we inform this court that the accused persons do not wish to proceed with the plea bargaining agreement,” the lawyer said.
He also opposed the request by the prosecution to have the matter adjourned to another date for mention.
According to him, there was no stage of mention of case under the law and the prosecutor had not cited any provision of the law to support such a position.
The advocate expressed his concern following the prosecution informing the court that investigations into the matter have not been completed.
He submitted that under section 245 (4) (5) (6) of Criminal Procedure Act (CPA), the DPP filed the case having being satisfied that the investigations were complete.
Earlier, Senior State Attorney Wankyo Simon, for the prosecution, requested the court to adjourn the trial for another mention date as the investigations into the matter have not been completed.
He also submitted that the court lacked jurisdiction to either hear the case or give any order because the case against the accused persons falls under the Economic and Organized Crime Control Act.
After hearing the parties, the magistrate adjourned the case to May 26, 2021 when he will deliver a ruling on the submissions raised.
In the trial, the accused persons are facing six charges of forging different documents, obtaining money by false pretences and money laundering in a deal involving minerals with a Botswana national.
It is alleged that on or before January 21, 2020 in Dar es Salaam, with intent to defraud, the two accused persons forged Safe Keeping Receipt purporting to show that Lockfort Security Company Limited received and stored 100 kilograms of raw gold from Samwel Kabula.
The court heard that on or before March 5, 2020 in the city, the accused persons made a false Sale and Purchase Agreement between Cozac Logistics International Company Limited, a Tanzanian Company and Innovative Perspective, a Botswana Company.
It is alleged that the accused persons purported to show that Cozac Logistics company contracted to supply 500 kilograms of gold bars to Innovative Perspective (Pty) Limited for a price of 27,000 US dollars per kilogram, while it was untrue.
The prosecution alleges further that on the same date and place, with intent to defraud, the duo made a false Transactions Guarantee for 450 kilograms of gold bars, purporting that Cozac Logistics International Company Limited undertakes to sell the gold in question to Innovative Perspectives Limited, while it was untrue.
It is alleged that on or before September 18, 2020 in the city, with intent to defraud, the accused made a false Gold Identification and Purity Testing Report, purportedly showing that Southern and Eastern African Mineral Centre issued the same to Now Import and Exports (Pty) Limited.
According to the prosecution, the latter company allegedly certified that 60 kilograms of gold bars tested and contained 97.24 percent to 97.71 percent gold purity, a fact which was not true.
It is alleged that between January 1, 2020 and February 12, 2021 within the commercial city of Dar es Salaam, by false pretences and with intent to defraud, Ndama and Hassan obtained 150,000 US dollars- from Emanuel Motilhatlhedi, the representative of Innovative Perspective (Pty) Limited.
The prosecution told the court that the two accused persons pretended to show that they would supply 500 kilograms of gold bars, the fact they knew to be false. The two accused persons were also charged with money laundering.