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Moshi NMB case: Counsels to complete defence in February

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Rutashubanyuma, Dec 9, 2010.

  1. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    Dec 9, 2010
    Joined: Sep 24, 2010
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    From PETER TEMBA in Moshi, 7th December 2010 @ 12:00, Total Comments: 0, Hits: 117

    DEFENCE counsels in an armed robbery case, in which two Kenyan nationals and their 10 Tanzanian accomplices are alleged to have raided the National Micro-finance Bank (NMB), Mwanga Branch in Kilimanjaro region on July 11, 2007 and violently grabbed 243,260,000/- cash will complete defence of their clients in February next year.

    This was submitted here yesterday, by one of the defence counsels, Mr Mediun Mwale before Resident Magistrate, Mr John Mkwabi who is one of the three Resident Magistrate assigned by the Chief Judge to conduct hearing of the case.

    Other Resident Magistrates are Mr Panterine Kente and Mrs Aziza Temu while Mr Mwale is assisted by two lawyers - Mr Andrew Maganga and Miss Felista Lelo all based in Arusha.

    In his brief submission, Mr Mwale was of the view that early disposal of the case will hasten end of justice to meet as his clients have been languishing at Karanga remand prison for four years.

    The presiding magistrate adjourned the case until December 20 when the date for hearing defence of the accused persons will be fixed.

    On November 22, the panel of the three presiding Resident Magistrates ruled that accused persons who were implicated in the armed robbery incident, Deodat Temu, Nathaniel Manyanya, Emmanuel Mziray, Florian Kimati and Salome Matemu had no case to answer for lack of corraborative evidence by the prosecution.

    The accused persons in the armed robbery case are Samwel Gitau Saitoti alias Saimoo alias Josee and Michael Kimani Peter alias Kim, both Kenyan nationals as well as Tanzanians Mike Deodat William Temu alias Deo alias Fundi.

    Other accused persons are, Devota Elias Msanze, Juliana Elias Msanze, Elizabeth Elias Msanze alias Bella and Ntibasalila Elias Msanze alias Salila.

    One of the alleged armed robbers from Kenya, Peter Mbugua alias Ndun’gu was gunned down by Tanzanian law-enforcers at YMCA roundabout in Moshi after a fierce gun battle that involved the fleeing Kenyan accused persons.

    According to the memorandum of facts which were earlier submitted in court by the prosecuting State Attorney, Juma Ramadhan, during preliminary hearing of the case, the accused are charged with three counts of armed robbery and one count of conspiracy.

    It was alleged that before the suspected robbers stormed the said bank, one of the Kenyan suspects allegedly gunned down the Bank’s sentry, the late E.6825 police constable Michael Milanzi and threatened to kill the deceased fellow on guard, E.6973 police constable Naftali.

    Immediately after the grisly murder of the said policeman, the Kenyan suspects allegedly made away with a sub-machine gun with 30 rounds of ammunition, property of the Tanzania Police Force.

    It was also alleged that before committing the crime, there were several attempts made by some of the accused persons to open the Bank’s volts using master keys.