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DPP makes move against Mahalu`s bail conditions
2007-04-24 10:07:30
By Rosemary Mirondo
Director of Public Prosecutions Elieza Seleshi has filed an application seeking to object to the bail granted by a Dar es Salaam court to the immediate former ambassador of Tanzania to Italy, Prof. Ricky Costa Mahalu, and two other accused persons.
The DPP said in his office in the city yesterday that he filed the application on April 4, this year, expressing his dissatisfaction over the bail conditions given by the Kisutu Resident Magistrate`s Court.
He explained that he was awaiting an answer from the court “which is legally the organ that has the final say on the matter”.
Under Tanzanian law, only courts can decide whether bail conditions given to accused persons are compatible with the requirements of the law.
Asked if the High Court has demanded the file in connection with the case against Prof Mahalu and the other two co-accused persons following the application, the DPP said he was not sure “and all I know is that I filed an application on April 4”.
The resident magistrate`s court had earlier in the day adjourned the case, which was slated for preliminary hearing, on the grounds that the original court file was recalled by the High Court for further action.
Principal Resident Magistrate Sivangilwa Mwangesi confirmed that the High Court recalled the file on April 14, this year.
The High Court Registrar was not available for comment when The Guardian contacted his office for elaboration on the matter, with reports saying he was attending a meeting.
Prof Mahalu, Steward Prosper Migwano and Grace Alfred Martin are charged with conspiracy and fraud in connection with Tanzanian government property valued at Euros 2,065,827.60.
It is also alleged that the accused, with intent to deceive, used a sales contract document falsely showing that the purchase price of the Tanzanian Embassy building in Rome was Euro 3,098,741.58. The offence is said to have been committed on October 1, 2002.
The three persons are also accused of using a sales receipt dated October 1, 2002 to show that the one who sold the building to the embassy was paid Euros 3,098,741.58 as purchase price for the building while they knew that it was not true and that they had made the Tanzanian government suffer a loss of Euros 2,065,827.60 in the process.
In the main case, the accused are alleged to have used forged payment voucher no. D2 /9 dated September 23, 2002 to show that the building’s purchase price was Euros 3,098,741.58.
The case was adjourned till May 23 this year and all accused are out on bail.
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