Africa-Press – Tanzania. FORMER Director General with National Identification Authority (NIDA) Dickson Maimu and four co-accused have a case to answer in the 1.2bn/- economic trial they are facing, the Kisutu Resident Magistrate’s Court ruled yesterday.
Senior Resident Magistrate Richard Chaungu ruled that the prosecution, through the evidence tendered by 26 witnesses and 45 exhibits, managed to establish a prima facie case, requiring the accused persons to give their defence testimony against their charges.
Following the court’s decision, the accused persons will start giving their defence evidence starting August 25, 2021. Apart from giving their own evidence, the accused persons have indicated to call a total of 36 witnesses and tender 33 exhibits in an attempt to disprove the charges preferred by the prosecution.
Prima facie may be used as an adjective meaning “sufficient to establish a fact or raise a presumption unless disproved or rebutted.”
The term is used in modern legal English to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case.
In common law jurisdictions, prima facie denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact.
Apart from Maimu, other accused persons are Avelin Momburi, who is ex-Director of Business Support, George Ntalima, the then Transport Officer, Xavery Kayombo, a businessman and Sabina Raymond, the former Director of Legal Service.
They are facing a total of 55 charges of leading organised crime, forgery, use of documents intended to mislead principal, obtaining money by false pretences, abuse of position, money laundering and occasioning loss to a specified authority.
It is alleged that between July 19, 2011 and August 31, 2015 at various places in Dar es Salaam, Maimu and Ntalima conspired together to defraud NIDA the sum of 1,175, 785,600/93. Maimu and Ntalima are jointly facing counts allegedly committed between 2014 and 2015 of using documents, which are several invoices bearing different numbers with intent to mislead their principal, the government of the United Republic of Tanzania.
Such invoices, the prosecution alleged, contained false particulars to pay Aste Insurance Brokers Company Limited sum money, showing the company deserved the payments for providing comprehensive insurance coverage in respect of insurance of motor vehicle and other equipment.
The prosecution alleged that between November 11, 2011 and March 31, 2015 in Dar es Salaam, Ntalima acquired 57.5m/-, while knowing at the time of acquisition the sum was proceeds of a predicate offence of forgery.
According to the prosecution, between June 1 and 5, 2013 at various places in the city, Ntalima and Kayombo allegedly conspired together to defraud NIDA 45,515,961/-.
It is alleged that within the same period, the two caused loss of the said amount to NIDA due to their willful acts. Ntalima is also alleged to have forged a loose minute to show that NIDA owed Gwiholoto Impex Limited arrears payments of the said sum.
It is alleged that the same accused used the document containing false particulars to mislead his principal that the money was costs for the company to have provided clearing and forwarding services to NIDA, the fact the accused knew to be false. Kayombo was charged with obtaining by false pretences of the said money.
The prosecution charged him also with five counts of money laundering. He is alleged to have acquired 38m/- at CRDB Bank, Lumumba Branch, while knowing at the time of such acquisition the money was proceeds of forgery. Maimu and Raymond are jointly charged with abuse of their position at NIDA Headquarters.
While discharging their duties, they allegedly procured a provision for consultancy services from the School of Law, formerly Faculty of Law of University of Dar salaam in association with MS Law Partner.
It was alleged the services related to review of existing legislations and proposed a legal framework to support the implementation of the National Identification program in existence of a similar contract between NIDA and Gotham International Limited.
