Case stalls in battle of wits over $1.057m theft charges

HEARING of a criminal case facing eleven prominent Arusha and Dar es Salaam businesspersons accused of conspiracy, forgery and theft of $1,057,850.64 has failed to commence.


Instead, state attorneys kicked off a legal battle pitting the Republic and Defence lawyers when the state sought to amend the charges, an application that was hotly opposed by defence counsels. Before Magistrate Jasmini Abdi, Public Prosecutor Khalili Nuda, assisted by Innocent Njau, expressed the intention to change the charges.

However, the defence, led by Robert Rogart, vehemently opposed the prayer in a legal wrangle that lasted more than 45 minutes. The magistrate adjourned the case to December 18 when she would issue the ruling.

“I have seen and heard your application and objection alike. I will deliver my ruling on December 18, this year,” said the magistrate. The businesspersons who were arraigned on November 8, this year, are alleged to have amassed for themselves the said ‘green bucks’ illegally from Exim Bank, Arusha Branch accounts of M & Five B Hotel and Tours Company.

They are alleged to have done so by signing forged cheques to that extent. Those arraigned are Larry Lagara (71), Michael Sawe (41), Herman Kiwia (37), Fredrick Massawe (37), Renard Massawe (27), Nuru Juma (37) and Francis Massawe (30).

Others are Beatrice Mtani (40), Tanzanian Tian Xiao Chuni (54) of Chinese origin, Gabriel Makundi (59) and Edwini Karugire aged 37 years. The funds stolen converts to 2,376,461,462.76/-.

On their first appearance, PP Nuda told the court that the businesspersons conspired to commit the offences, forging and signing cheques and consequently taking the huge sum of money while knowing they were acting in contravention to the laws of the land.

They are also alleged to have completed the evil mission by signing cheques worth that amount at Exim Bank, Arusha Branch, purporting to be officials of the M & Five B Hotel and Tours Company. Nuda who was assisted by Senior State Attorney, Innocent Njau alleged that the accused persons committed the crimes between February 2013 and April 2014 in Arusha and Dar es Salaam regions.a