THE Kisutu Resident Magistrates Court yesterday denied bail to six businessmen facing economic charges for smuggling to Vietnam and Philippines two containers with 11,061 kilogrammes of elephant tusks valued at over 791m/-, property of the government. Resident Magistrates Aniseta Wambura and Mohamed Mchengelwa said in two different court appearances that the court lacked jurisdiction to entertain the application since the offences against the accused involved money exceeding 10m/-.
They referred to Section 29 (4) (d) of the Economic and Organised Crime Control Act, saying the High Court, and not any other subordinate court, was vested with powers to grant bail to the accused facing charges of that nature.
The magistrates said that the lower court would have considered bail to the accused had the amount involved in the case been 10m/- and below as stipulated under Section 29 (4) (a) of the Act.
They, therefore, advised the accused to file the bail application to the High Court. According to the magistrates, laws that were cited by advocates Juma Nassoro, Karoli Tarimo, Rita Chihoma, Living Raphael and Deinrol Msemwa for the accused to support their request were not applicable because the Economic Act has specific provisions governing the question of bail.
Both magistrates, therefore, dismissed the bail application by the accused and ordered them to remain in remand until August 17, when the cases will be mentioned, as investigations were still incomplete.
The accused in the case are Eliud Colonerio (39), and Gabriel Balua (33), Director and Import and Export Manager of Team Freight Tanzania Limited, respectively and Shaban Yabulula (44), the Executive Director of Kigoma M.N. Enterprises Tanzania Limited.
Others are Nerbart Kiwale (45) and Issa Lweno (40), Director and Clearing and Forwarding officer of the Uplands Freight Forwarders Tanzania Limited, respectively and Abubakar Hassan (38), a director with Nectar Logistic Limited.
They are facing two different economic cases, which comprise 11 counts each of conspiracy, unlawful hunting, exporting concealed, prohibited and custom goods and making false documents, failure to report and being in unlawful possession of government trophies.
The prosecution, led by State Attorney Prosper Mwangamila, Michael Lwena and Abubakar Mrisha, told the court that the accused committed the offences between October 25, 2008 and March 4, 2009 in the city.
Colonerio, Balua and Yabulula exported two containers with 9,578 kg of elephant tusks valued at 684,827,000/- to Vietnam and Philippines, while all accused, except Yabulula allegedly exported another container to Philippines with 1,483 kg of similar goods valued at 106,687,020/-.
The prosecution alleged that in both transactions the accused made and used several false custom documents, including Custom Declaration Form and shipping orders, bills of lading issued by CMA CGM (T) Limited and Sharaf Shipping Agency (T) Limited.
It was alleged further that the accused cheated in the said documents that they were exporting recycle waste plastics, while it was false. The accused are also charged with unlawful dealing and transferring of the said government trophies without valid permit.
Daily News
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