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- Feb 11, 2007
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How the State trapped them
2008-11-09 13:56:45
By Staff Reporter
For nine months, local analysts and politicians have waited with baited breath to see if President Jakaya Kikwete would punish those implicated in the external payment arrears (EPA) account theft or whether his tough talk on corruption would deflate with time, as it has so many times before in the country and continent�s history.
But it seems Kikwete was not willing to sacrifice his popularity and credibility for the protection of a cadre of powerful but crooked businessmen, and this week 17 of the EPA suspects were finally arrested and arraigned at Kisutu Resident Magistrate`s court.
Though some had worried that in recent months the President had signaled he would let the culprits off easy, fresh details show that Kikwete`s low profile was all part of a calculated plan stretched over nine months to trap the key suspects and ensure that they stayed in the country � and returned the money.
The government has said it has recovered about 69bn/- of the 133bn/- taken from the account.
According to credible sources, Kikwete publicly promised amnesty to suspects who returned the looted billions only to push key suspects to repay the stolen monies, and he never had any intention of actually letting them off the hook.
EPA suspects might have thought Kikwete was rolling over on the scandal, but in practice, it was part of a well-laid plan to gather concrete evidence that could finally be used to prosecute them in court.
The officials who planned the smooth execution of the EPA investigation and prosecutions � anti-graft czar Dr. Edward Hosea, Director of Public Prosecutions Eliezer Feleshi and the state`s chief legal adviser Johnson Mwanyika � studied the scandal`s impact on the administration`s image and evaluated how the situation could be handled to avoid public anger against the government.
Behind the scene was also the intelligence community that studied the scandal carefully including monitoring every possible step during the investigation process plus how it was being handled by the media.
The major aim of the trap was to ensure that all key suspects did not flee the country and that the evidence was not destroyed in the course of the investigation.
``These were very powerful individuals with strong connections and financial muscle,`` a senior official from the AG-led team told The Guardian on Sunday yesterday.
``The trap had to be planned in a way that wouldn�t raise an alarm.`` Nearly 90 percent of the people who planned and executed the dubious deal during the third phase regime are prominent businesspeople and strong allies of the ruling party.
From Jeetu Patel to the heads of Kagoda Agricultural Development Co, the EPA suspects are powerful individuals with strong connections in the previous and current regime.
The majority of these people have played crucial roles in the by-elections and general election by financing the ruling party and some candidates.
``Just after the release of the Ernst and Young auditing report, we sensed that there was a panic among key suspects and some of them were planning to destroy evidence or escape to unknown destinations,`` the senior official said. ``We had to do something to calm the situation and restore confidence.``
The investigators were also wary of repeating any of the mistakes that led to Sailesh Vithlani � the key suspect in the controversial BAE radar deal � fleeing the country and avoiding prosecution by staying in Switzerland.
According to reliable information obtained by The Guardian on Sunday, even the interrogation procedures were conducted congenially to ensure that no red flags were raised among suspects.
Though inside sources say they knew what they were doing all along, they had to endure skepticism and heavy criticism from high-profile politicians and the public at large for appearing to be soft on corruption.
``What the public didn�t know is that the EPA wasn`t an easy task. It was a tough mission that needed a greater sense of wisdom in order to arrest all the suspects,`` the official said. ``But the public and politicians didn`t know this.``
As time went on, EPA suspects started to relax, especially when President Kikwete addressed the nation on October 31 and announced that those who had returned the looted billions wouldn�t be touched.
Just hours after Kikwete�s speech some suspects celebrated with champagne, according to reliable sources.
On November 1, one of the suspects who was arrested on Thursday sent a text message to one of his close friends saying, ``The deal is over�they have realised that any prosecution could damage the party`s image as well as that of the government.``
Though it seems none of the suspects saw it coming, a senior Dar es Salaam-based advocate told The Guardian on Sunday there was a tell tale sign that Kikwete was bluffing.
``This was a pure trap as well as a political game because the president can`t even issue amnesty to suspects � he can only do so to convicted persons,`` said the lawyer, who asked to remain anonymous.
And now the suspects have played directly into the prosecutors` hands.
``You have stolen billions and you have proved it by returning the looted monies,`` he said. ``This is clear evidence that can be used to prosecute you before the court of law.``
A new chapter
The State`s decision to arrest and prosecute the EPA suspects has opened a Pandora�s box in the fight against grand corruption in Tanzania.
For so long, anti-graft efforts in Tanzania and throughout Africa have proved futile, as law enforcers often deal with petty corruption cases but ignore the biggest scandals.
``This is a good start and no stone should be left unturned�the spirit should go beyond the EPA scandal,`` Dr. Willbrod Slaa, a critic of the government and a known corruption whistleblower, told The Guardian on Sunday.
Some African countries like Kenya, South Africa, Malawi, Nigeria and Zambia have faced similar corruption scandals, but achieved little progress, especially in prosecuting the suspects.
Corruption in Africa is costing the continent more than $148bn a year, according to a 2007 report by the African Union.
Graft on the continent increases the cost of goods by as much as 20 per cent, deters investment and holds back development, the report found.
Most of that cost, the report said, falls on the poor.
SOURCE: Guardian
2008-11-09 13:56:45
By Staff Reporter
For nine months, local analysts and politicians have waited with baited breath to see if President Jakaya Kikwete would punish those implicated in the external payment arrears (EPA) account theft or whether his tough talk on corruption would deflate with time, as it has so many times before in the country and continent�s history.
But it seems Kikwete was not willing to sacrifice his popularity and credibility for the protection of a cadre of powerful but crooked businessmen, and this week 17 of the EPA suspects were finally arrested and arraigned at Kisutu Resident Magistrate`s court.
Though some had worried that in recent months the President had signaled he would let the culprits off easy, fresh details show that Kikwete`s low profile was all part of a calculated plan stretched over nine months to trap the key suspects and ensure that they stayed in the country � and returned the money.
The government has said it has recovered about 69bn/- of the 133bn/- taken from the account.
According to credible sources, Kikwete publicly promised amnesty to suspects who returned the looted billions only to push key suspects to repay the stolen monies, and he never had any intention of actually letting them off the hook.
EPA suspects might have thought Kikwete was rolling over on the scandal, but in practice, it was part of a well-laid plan to gather concrete evidence that could finally be used to prosecute them in court.
The officials who planned the smooth execution of the EPA investigation and prosecutions � anti-graft czar Dr. Edward Hosea, Director of Public Prosecutions Eliezer Feleshi and the state`s chief legal adviser Johnson Mwanyika � studied the scandal`s impact on the administration`s image and evaluated how the situation could be handled to avoid public anger against the government.
Behind the scene was also the intelligence community that studied the scandal carefully including monitoring every possible step during the investigation process plus how it was being handled by the media.
The major aim of the trap was to ensure that all key suspects did not flee the country and that the evidence was not destroyed in the course of the investigation.
``These were very powerful individuals with strong connections and financial muscle,`` a senior official from the AG-led team told The Guardian on Sunday yesterday.
``The trap had to be planned in a way that wouldn�t raise an alarm.`` Nearly 90 percent of the people who planned and executed the dubious deal during the third phase regime are prominent businesspeople and strong allies of the ruling party.
From Jeetu Patel to the heads of Kagoda Agricultural Development Co, the EPA suspects are powerful individuals with strong connections in the previous and current regime.
The majority of these people have played crucial roles in the by-elections and general election by financing the ruling party and some candidates.
``Just after the release of the Ernst and Young auditing report, we sensed that there was a panic among key suspects and some of them were planning to destroy evidence or escape to unknown destinations,`` the senior official said. ``We had to do something to calm the situation and restore confidence.``
The investigators were also wary of repeating any of the mistakes that led to Sailesh Vithlani � the key suspect in the controversial BAE radar deal � fleeing the country and avoiding prosecution by staying in Switzerland.
According to reliable information obtained by The Guardian on Sunday, even the interrogation procedures were conducted congenially to ensure that no red flags were raised among suspects.
Though inside sources say they knew what they were doing all along, they had to endure skepticism and heavy criticism from high-profile politicians and the public at large for appearing to be soft on corruption.
``What the public didn�t know is that the EPA wasn`t an easy task. It was a tough mission that needed a greater sense of wisdom in order to arrest all the suspects,`` the official said. ``But the public and politicians didn`t know this.``
As time went on, EPA suspects started to relax, especially when President Kikwete addressed the nation on October 31 and announced that those who had returned the looted billions wouldn�t be touched.
Just hours after Kikwete�s speech some suspects celebrated with champagne, according to reliable sources.
On November 1, one of the suspects who was arrested on Thursday sent a text message to one of his close friends saying, ``The deal is over�they have realised that any prosecution could damage the party`s image as well as that of the government.``
Though it seems none of the suspects saw it coming, a senior Dar es Salaam-based advocate told The Guardian on Sunday there was a tell tale sign that Kikwete was bluffing.
``This was a pure trap as well as a political game because the president can`t even issue amnesty to suspects � he can only do so to convicted persons,`` said the lawyer, who asked to remain anonymous.
And now the suspects have played directly into the prosecutors` hands.
``You have stolen billions and you have proved it by returning the looted monies,`` he said. ``This is clear evidence that can be used to prosecute you before the court of law.``
A new chapter
The State`s decision to arrest and prosecute the EPA suspects has opened a Pandora�s box in the fight against grand corruption in Tanzania.
For so long, anti-graft efforts in Tanzania and throughout Africa have proved futile, as law enforcers often deal with petty corruption cases but ignore the biggest scandals.
``This is a good start and no stone should be left unturned�the spirit should go beyond the EPA scandal,`` Dr. Willbrod Slaa, a critic of the government and a known corruption whistleblower, told The Guardian on Sunday.
Some African countries like Kenya, South Africa, Malawi, Nigeria and Zambia have faced similar corruption scandals, but achieved little progress, especially in prosecuting the suspects.
Corruption in Africa is costing the continent more than $148bn a year, according to a 2007 report by the African Union.
Graft on the continent increases the cost of goods by as much as 20 per cent, deters investment and holds back development, the report found.
Most of that cost, the report said, falls on the poor.
SOURCE: Guardian