Author: FAUSTINE KAPAMA
AfricaPress-Tanzania: THE High Court’s Corruption and Economic Crime Division on Friday found a man, Ayubu Kiboko, and his wife Pilly Kiboko, who are accused of trafficking in 251.25 grams of heroin hydrochloride, which are narcotic drugs, with a case to answer.
Presiding at the economic trial in Dar es Salaam, Judge Lilian Mashaka ruled that the prosecution, through its six witnesses and 16 exhibits tendered, established a prima facie case, sufficiently requiring the couple to defend themselves against the charge.
During trial, the prosecution was represented by State Attorneys Constantine Kakula, Salimu Msemo and Kandit Nasua. The prosecution produced such evidence to prove that the two accused persons committed the offence on May 23, 2018 at Tegeta-Nyuki in Kinondoni District.
Following the court’s ruling, the two accused persons will start giving their defence evidence on November 30, 2020. They indicated that they would give their evidence under oath and would not call independent witnesses nor tender any exhibits to support their oral defence testimonies.
Prima facie case is the establishment of a legally required rebuttable presumption. It is a cause of action or defence, which is sufficiently established by the party’s evidence to justify a verdict in his or her favour, provided such evidence is not rebutted by the other party.
At the close of the prosecution’s case during a criminal trial, the accused may submit to court that there is no case for him or her to answer.
If the court agrees, then the matter is dismissed and the accused is acquitted without having to present any evidence in his or her defence. If the court does not accept the evidence, the case continues and the defence must present its case.
Before adjournment of the case, the prosecution requested the court to allow three vehicles seized during the search at the house of the accused persons to be under the custody of the Drug Control and Enforcement Authority (DCEA) for safe custody. The judge granted the request.
Kiboko and his wife Pilly are charged with trafficking in narcotic drugs. It is alleged that on May 23, 2018 at Tegeta-Nyuki in Kinondoni District in Dar es Salaam, the couple trafficked in heroin hydrochloride, which are narcotic drugs, weighing 251.25 grams.
The last prosecution witness to testify in the matter was Mr Raymond Kimambo, who was a neighbour of the accused persons. Led by State Attorney Salim Msemo, the witness accounted how he witnessed the search exercise at the house of the couple.
When testifying as third prosecution witness, Assistant Inspector Ambilikile revealed that Kiboko had allegedly hidden in the toilet of his master bedroom some of the powdery substances assumed to be dangerous narcotic drugs.
He told the court that such powdery substances were seized in the house where the couple were living during a search conducted on May 23, 2018. The witness stated that white powder into a clear plastic can labelled A was found inside the master bedroom in the toilet during the search exercise.
Likewise, the witness said, two other cans with powder suspected to be narcotic drugs labelled A1 and A2 were also seized in the same place. He also disclosed that some particles believed to be narcotic drugs labelled B were found in a light nylon bag inside a bedroom on the ground floor.
The witness also told the court that there were other particles inside a black bag, which was suspected to be narcotic drugs marked C after the search exercise were retrieved from a shoe shelf upstairs. The DCEA officer went on detailing that such a bag was placed in the middle of shoes.
During examination in chief led by State Attorney Kandit Nasua, the witness told the court further that during the search exercise several other items, including three vehicles, two Land Cruiser and Toyota Prado and Toyota Hilux, were seized.
Apart from the suspected narcotic drugs and the three motor vehicles, Assistant Inspector Ambilikile named other properties seized from the house as one pistol of brown make with seven rounds of ammunition and a box used for storing the firearm.
The rest are one mobile phone of Nokia make, three CRDB Tembo cards, one Umoja card, three spring files containing various documents, including that of the Tanzania Revenue Authority (TRA), a radio call, four passports and registration cards of the three motor vehicles, among others.
