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Charges against former CUF MPs droped, then rearested

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Shadow, Nov 18, 2009.

  1. Shadow

    Shadow JF-Expert Member

    Nov 18, 2009
    Joined: May 19, 2008
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    BETTY BHOKE, 17th November 2009 @ 11:33, Total Comments: 0, Hits: 111

    THE Director of Public Prosecutions (DPP) has dropped fraud charges against three former Civic United Front (CUF) Members of Parliament and three other people, but to the surprise of many, the accused were re-arrested by the police.

    The accused allegedly forged marriage certificates so as to acquire visa for their “Somali” wives, the charge that was drooped before they were again taken to the Police Head Office.

    The DPP entered a Nolle Prosequi statement at the Kisutu Resident Magistrate’s Court in Dar es Salaam that was presented before Resident Magistrate Aniseta Wambura by State Attorney Nmbute Akaro today.

    Magistrate Wambura discharged the accused immediately after receiving the DPP’s certificate entered under Section 91 (1) of the Criminal Procedure Act.

    It was not immediately known why police re-arrested the accused as the DPP stated in the nolle prosequi that the prosecution would not further prosecute the accused on the offences they were previously facing.

    Legal experts say, however, the DPP decision to drop any criminal charge under the said section and the subsequent court decision that could be given thereafter does not bar the same prosecution from re-arresting the accused and charge him or her with similar offence.

    The former MPs who were facing the criminal charge are Karim Said Othman (Chambani); Khalifa Mohamed Issa (Mtambwe) and Khamis Ali Saleh (Magogoni). They were charged together with Khamis Mwishehe (44), Abdul Wakati (35), and Abdalla Nasoro (59), all sheikhs, who allegedly officiated the marriages.

    State Attorney Nmbute Akaro mentioned other accused as Augustine Jonas and Constantine Mwalongo, both officials from the immigration, who were alleged to have issued the controversial visas.

    Mwalongo is, however, dead, according to advocate Twaha Taslima. The accused were out on bail since 2006 after they met the set bail conditions. In the case the prosecution had produced one witness, Ramadhan Mushi, to testify against the accused out of the 20 witnesses lined up.

    It was alleged that the then legislators went to the German embassy in August 2005 and applied for visas for entry into the country for themselves and for women they allegedly introduced as their spouses.

    However, the embassy later discovered that the information given by the visa seekers at the embassy was false as the women accompanied by the MPs were not their wives but "seekers of marriage of convenience".

    It was further claimed that the former MPs took genuine passports of their wives, removed their (wives) photos and fixed pictures of the women they allegedly assisted to travel to Germany.

    The accuseds’ 'false' spouses, Ms Halima Abdallah Chambo, for Mr Othuman and Ms Sophia Ally Rage for Mr Issa managed to travel to Frankfurt and arrived there on September 18, 2007, without their 'husbands.'

    Soon after arrival, both Chambo and Rage allegedly identified themselves as Anab Abdi Mohammed of Kismayu, Somalia and Jawahir Elmi Abshir of Baidoa, Somalia, respectively and denounced the names of the wives of the MPs appearing on the passports.

    The 'wife' for Mr Saleh, Ms Fardhosa Musa Mohammed, was denied a visa by the embassy after the officials smelt a rat. It was claimed that the circumstances under which Ms Mohammed applied for her visa were similar to those of Chambo and Rage.