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Italian priest testifies against Mahalu
2008-03-15 09:36:28
By Rosemary Mirondo
A legal counsel from Italy, Father Marco Papi, yesterday testified against immediate former Tanzanian ambassador to Italy, Costa Mahalu, in a corruption case he faces alongside former counsellor Grace Alfred Martin.
Papi told the Kisutu Resident Magistrate`s Court in Dar es Salaam that he signed only one contract worth euros 1, 032,913.80 between Prof.
Mahalu and the seller of the building that was acquired by the Tanzanian ambassador in Italy.
Prof Mahalu and Grace Martin are accused of occasioning the government of Tanzania a loss of euros 2, 065, 827.20.
He told the court that because the agreement of sale involved an individual person and a government, they had to seek authority from Tanzania through the Minister for Foreign Affairs and International Cooperation so as to make the contract legally binding.
There was a heated exchange between the prosecution led by an officer from the Prevention and Combating or Corruption Bureau, Tabu Mzee, and State Attorney Ponziano Lukosi and the defence led by counsel Alex Mgongolwa, Mabere Marando and Cuthbert Tenga over the admission of an interpreter.
Tabu: We have one witness from Italy but he can speak neither English nor Kiswahili, so we have brought an interpreter.
Marando: We submit that according to law, an interpreter is for the court and not the prosecution, and anyway, they should tell us how they got him.
Court: Prosecution.
Tabu: The defence alleged that an interpreter is supposed to be brought by the court, but even the witness is for the court and the interpreter is trustworthy because he is a Catholic priest.
Court: So what is your position Marando?
Marando: If the prosecution knew that they were bringing a witness who could not understand either of our official languages, they should have informed the court instead of bringing the interpreter on their own, because the court has to satisfy itself that he is not biased.
Due to that, we pray for two things - a short adjournment of the case so that the court can talk with the interpreter and understand his position here in court or the court can satisfy itself by interrogating him.
This is because the defence wants an interpreter who understands the seriousness of the case and not to interpret what the court wants.
Court: But the prosecution told me that they were bringing an interpreter and I allowed them to do so, but if you have doubts
Marando: I was not aware that you had given the go ahead.
Court: But you also have the privilege to decide.
Marando: Some of us don’t trust anyone, even priests (laughter)
Court: Please can we continue? My ruling is: the interpreter was brought by the prosecution after they had consulted me. In this case, I reject the objection raised by the defence.
Court: Prosecution, please bring your interpreter because I have faith in him.
The interpreter is brought forward and says he is a priest of the Roman Catholic Church.
Tabu: Witness, please tell us your name.
Witness: Marco Papi.
Tabu: Witness, can you please tell the court where you are from and your position there?
Witness: From Italy and I am a notary public.
Tabu: What are your duties?
Witness: I go through all the contracts and register them so that they can be legally binding.
Tabu: Do you know the accused in this case?
Witness: I know the former Tanzanian ambassador to Italy, Ricky Mahalu, because he came to my office.
Court: You say that he came to your office to do what?
Witness: To sign a contract.
Tabu: What contract?
Witness: A contract between Cheres Company under Froeella Pagliuca and Mahalu on behalf of the government of Tanzania. It was concluded after I had signed on it.
Tabu: What did the contract contain?
Witness: Property that was being transferred from Cheres to the embassy of Tanzania in Italy.
Court: What property is that?
Witness: According to laws of ownership, it was a house that is now the embassy of Tanzania in Italy.
Tabu: According to that contract, how much was the house sold for?
Witness: As a notary public, I normally don’t know the prices. I only know the procedures of obtaining the contract.
Tabu: If you see the contract will you know it?
Witness: The contracts that I go through are many, so it is hard to remember all of them.
Tabu: Is this the contract?
The contract is given to the witness. He goes through it.
Witness: Yes, this is the one, because it bears my signature and my firm`s stamp. I also remember the cost of the house was euros 1, 032,913.80 as indicated in this contract.
The hearing, which started on February 27, this year, will continue again on April 13.
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