AfricaPress-Tanzania: THE Kisutu Resident Magistrate’s Court in Dar es Salaam mid this week transferred the case that involves Abdul Nsembo and his wife Shamim Mwasha to the High Court’s Corruption and Economic Crime Division for hearing the narcotic drugs’ case they are facing.
Before the High Court, the duo will face two counts of trafficking in 275.40 grams of Heroin Hydrochloride, which are narcotic drugs, allegedly committed on May 1, 2019 at Mbezi Beach area within Kinondoni District in the City.
Senior Resident Magistrate in Charge Godfrey Isaya transferred the case from his court to the High Court after conducting committal proceedings after completion of investigations by the prosecution.
During the session, the prosecution, led by Senior State Attorney Wankyo Simon, disclosed the nature of evidence that will be presented during the trial, including reading all statements of witnesses as well as that of the accused persons and also indicating the number of documentary exhibits to be tendered.
The prosecution informed the committal court that they would call a total of 12 witnesses, most of them police and officers from the Drug Control and Enforcement Authority (DCEA) and ordinary citizens, who were said to have witnessed the seizure of the drugs in the house of the accused persons.
Furthermore, the prosecution will tender seven exhibits, including the narcotic drugs in question. The two accused persons reserved their comments when asked to say anything after presentation of the prosecution.
They said that they would speak before the Economic Court. In other jurisdictions, committal proceedings are held to determine whether, in the case of more serious criminal offences, there is sufficient, evidence to require the defendant to stand trial.
Committal proceedings are generally held before a magistrate, who hears evidence from the prosecution which is recorded and can be used at the trial.
After hearing the evidence the magistrate must determine if there is sufficient evidence to justify the defendant being committed for trial. If there is insufficient evidence, the magistrate may discharge the accused person.
This does not amount to an acquittal: it is still open for the prosecution to obtain further evidence and bring subsequent committal proceedings, or proceed direct to trial.
According to the Drug Control and Enforcement Authority (DCEA), Nsembo is claimed to be a lord in the drug trade network and is allegedly known in various countries including Brazil and the United States.
Nsembo was arrested by DCEA in May 2019 at midnight while hiding in the ceiling at his home in Mbezi Beach, Dar es Salaam.
He was arrested alongside his wife Shamim for allegedly having between 560 to 700 grams of heroin found after being searched at their home for six hours.
Speaking on the issue after the arrest of the duo, DCEA’s Operations Commissioner, Lieutenant-Colonel Fredrick Milanzi, claimed that Nsembo was among the major drug dealers who they had been investigating and searching for a long time.
” Nsembo is not a minor in the drug trade network. He has a large network, if you ask them they will tell you he is so tricky and has been doing this business for some time now. For these people to find them with two to three kilograms is not strange,” he is quoted as saying.
