FREELANCE journalist Erick Kabendera and the Director of Public Prosecutions (DPP) are in the final process of signing a plea bargaining agreement to summarily drop the economic sabotage trial he is facing at the Kisutu Resident Magistrate’s Court in Dar es Salaam.
This was said yesterday by Principal State Attorney Faraja Nchimbi when the trial came for mention before Principal Resident Magistrate Janeth Mtega.
The trial attorney informed the court that for a long time the parties had been in negotiations to enter into an agreement to end the trial.
“However, the negotiations we were holding involved lawyers of the accused alone. But we have not talked with the accused person on the matter.
Under the circumstances, we pray for adjournment until Monday to give us time to conclude the deal with him,” the state attorney said.
Advocate Jebra Kambole, for the accused person, could not raise any objection to the prosecution’s request. The magistrate granted the prosecution’s request and adjourned the case to February 17, 2020, for other necessary orders regarding the trial.
The court was notified on the decision by Kebendera to write to the DPP on October 11, 2019 on the plea bargaining agreement in terms of section 194A (2) of the Criminal Procedure Act (CPA), as amended by the Written Laws (Miscellaneous Amendments) (No.4) Act of 2019.
Such provision states that an accused person or his advocate or a public prosecutor may initiate a plea bargaining process and notify the court of their intention to negotiate a plea agreement.
According to the defence counsel, in terms of Article 58B (2) of the Constitution of the United Republic of Tanzania, the DPP is vested with powers to institute, prosecute and supervise all criminal prosecutions in the country.
The prosecution contends that on diverse dates between January 2015 and July 2019 at various places in the Commercial City of Dar es Salaam, with other persons not in court, Kabendera knowingly furnished assistance in the conduct of affairs or a criminal racket with either to reap profit or benefits.
The prosecution told the court that within the same period in the city, without reasonable excuse, the journalist failed to pay tax amounting to 173,247,047/02 payable to the TRA.
On money laundering, the court heard also that within the same period and places, Kabendera acquired the said sum, while at the time of receipt he knew that the monies was the proceeds of predicate offences of tax evasion and leading organised crime.
