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Court rejects defence counsel's application

23rd May 2012
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Alex Mgongolwa

The Kisutu Resident Magistrate’s Court yesterday rejected the application failed by defence counsel Alex Mgongolwa in a conspiracy and money laundering case facing local movie actress Kajala Masanja and her husband Faraja Chambo.

In the application, Mgongolwa wanted the court to assign another magistrate to hear his client’s case because the presiding resident magistrate in the case, Sundi Fimbo, was on maternity leave.

The prosecution side, led by Prevention and Combating of Corruption Bureau (PCCB) official Leonard Swai, informed the court to that effect.

Resident magistrate Frank Mosha said, “Usually the court cannot assign another magistrate to a case simply because a particular presiding magistrate is on holiday.” He adjourned the case until June 5, this year.

According to the charge sheet, on unknown date and place the accused conspired to to sell a house situated at Kunduchi Salasala area in Kinondoni municipality contrary to Section 34 of the PCCB Act.

On the second count, the two on April 14, 2010, having been served with a notice under section 34 (2), and 3 of the PCCB Act 2007 in contravention to the said notice, transferred the ownership of the said house to Emiliana Rwegarura.

It was also alleged that on the same date and place, the accused transferred the ownership of the said house to Rwegarura. The case was adjourned to next month.

SOURCE: THE GUARDIAN
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