The Kisutu Resident Magistrate’s Court yesterday fixed the date for preliminary hearing of an abuse of office case involving former Air Tanzania Company (ATCL) managing director David Mattaka and two other officials on April 13, this year.
The prosecution side led by State Attorney Arafa Msafiri assisted with public prosecutor from Prevention and Combating of Corruption Bureau (PCCB) Benny Lincolin told the told the court that the case came for setting up a date for preliminary hearing and see if the title deed tendered in court for the accused was valid.
He said all documents were valid.
Last week, the prosecution side substituted the charges and read new six counts against the accused. Resident magistrate Ritha Tarimo also changed a bail condition for the accused, who now were supposed to deposit 38m/- or surrender a title deed equivalent to that amount.
The accused are out on bail after meeting bail conditions until April 13, this year.
Apart from Mattaka, the other accused in the case are Elisaph Ikomba, who is the acting chief financial officer and William Haji, the chief internal auditor of ATCL.
The case revolves around the procurement of 26 units of used motor vehicles of different types from an Emirates-based company in an alleged violation of procurement law and regulations.
According to the charge sheet, on diverse dates between March and July 2007 in Dar es Salaam City, the accused together with other unknown persons conspired to commit an offence of abuse of office.
On the second count, it was alleged that between June and July 2007 in Dar es Salaam, the accused being the managing director, acting chief financial officer and chief internal auditor of ATCL respectively, while discharging their duties, intentionally abused their position by inviting a tender to supply to ATCL 26 units of used motor vehicles without the approval of ATCL tender board.
On the third count, Tibabyekomya alleged that, on diverse date between July and August 2007, the accused abuse their position by procuring without a conduct competitive tendering 26 units of used motor vehicle at US$809,300 from Bin Dalmouk Motors Co Ltd a Company based in Dubai in the United Arab Emirates.
Further it was alleged that on the same date and place the accused respectively, while discharging their duties, intentionally abused their position by purchasing for and on behalf of ATCL, a company owned by the government of the United Republic of Tanzania, the 26 units of used motor vehicles at US$809,300 from the Bin Dalmouk Motors Company.
On the fifth count, it was alleged that Mattaka, Ikomba and Haji on diverse dates between 2 July and 23 August 2007 in Ilala District, the accused abused their office by authorising payment for the purchase of the cars from the company without there being a formal procurement contract between ATCL and Bin Dalmouk Motors Co Ltd, which was signed by the parties and ratified by the competent State Attorney.
On the last count, it was alleged that between July 2007 and December 2011 in Dar es Salaam, the accused being employees of ATCL with different ranks respectively by reason of their failure to take reasonable care, procured 26 units of used motor vehicles without having a budget, which allocated funds for procurement of the same motor vehicles, which caused ATCL to suffer a pecuniary loss, which had a monetary value of US$143,442,.75 that the company incurred as storage charges for failing to pay import duties for the motor vehicles timely and bank interest on the loan advanced for acquisition of the same motor vehicles.