AfricaPress-Tanzania: THE Director of Public Prosecutions (DPP) has decided to appeal against the refusal by a Dar es Salaam court to admit in evidence a crucial document related to a 1bn/- economic trial involving Standard Gauge Railway (SGR) Line implementation project estimated at 15tril/-.
In the notice of intention to appeal filed at the Kisutu Resident Magistrate’s Court last Friday, the DPP has indicated that the prosecution would appeal to the High Court to challenge the ruling given by Principal Resident Magistrate Thomas Simba on March 25, 2020.
“Take notice that the Director of Public Prosecutions, being dissatisfied with the ruling delivered on March 25, 2020,where the court rejected admission of prosecution exhibit, do hereby intend to appeal to the High Court against the said ruling,” reads part of the notice.
The document sought to be tendered is a Public Procurement Regulatory Authority (PPRA) Investigation Report on review of the project bidding process under which the prosecution has sought to tender in evidence to support the trial of three accused persons.
In the impugned decision, the magistrate ruled in favour of trio, Reli Assets Holding Company (RAHCO) former Director General Engineer Benhadard Tito, ex- RAHCO Company Secretary Emanuel Massawe and businessman Kanji Mwinyijuma, saying the documents were inadmissible.
The magistrate made the decision after going through the competing submissions presented by the prosecution, led by an officer of the Prevention and Combating of Corruption Bureau (PCCB) Magela Ndimbo and Advocate Peter Kibatala and Jeremia Ntobesya, for the accused persons.
He pointed out that a prosecution witness, Dr Laurence Shirima, who is PPRA Chief Executive Officer, had told the court before producing the intended exhibit that the document was received by his office and later stamped, thus, he could easily identify the same through the seals.
According to him, having closely scrutinised the document in question, the magistrate found that the seals alleged to have been stamped on the document were unreadable and that it was uncertain where it come from.
“The document is supposed to be sealed on every page, but even when it was sealed, the seal is unreadable. The witness said he identified document because of the seal, but it is an unreadable. It is unknown where this document came from. The court refuses to accept this exhibit,” he ruled.
Following the ruling, the magistrate adjourned the trial to April 1, 2020 for continuation of hearing.
In the trial, the accused persons are alleged to have committed the offences between 2014 and 2015.
The accused are charged with conspiracy, abuse of position and occasioning over 1bn/- loss in transactions relating to upgrade of the railway.
They allegedly conspired to commit an offence under the Prevention and Combating of Corruption Act between September 1, 2004 and September 30, 2015.
