Jakomhabari
Member
- Jul 29, 2015
- 26
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Prison warned for disobeying court order on Sethi’s health
THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday warned the prosecution and prison authorities for disobeying its orders requiring them to take to Muhimbili National Hospital (MNH) for treatment prominent businessmen Harbinder Sethi facing 350bn/- economic sabotage charges.
Principal Resident Magistrate Huruma Shaidi insisted that the orders given in two different occasions on the matter must be respected. “As I said earlier, I will not vacate my orders and I insist that the accused should be taken to Muhimbili National Hospital for treatments,” he directed.
The magistrate agreed with the submissions presented by advocate Joseph Makandege, for the businessman, that indeed he gave such orders twice in two different court sessions and todate have not been complied with.
“I do not understand what the problem is. This matter is being prolonged unnecessarily. My orders remain intact and I will not change them,” he insisted. The magistrate adjourned the trial to September 14, for another mention, as investigations into the matter are incomplete.
Before adjournment of the trial, Mr Makandege had asked the court to issue a mandatory order to the prosecution and prisons authorities to cause his client to be taken to the national hospital for treatment due to the health complications he is undergoing.
The advocate threatened to invoke the provision of section 124 of the Panel Code and formally apply to have the Officer In-Charge of Segerea Prison held contemptuous of the Court Orders and summoned to show cause why he should not be detained in his own prison for disobeying the Orders, if such orders would not be respected again.
He submitted that for the past two sessions, the court directed the prisons authorities to take the accused to MNH, but for best known to themselves they decided to have him medically examined at Amana Hospital in total disrespectful of court orders.
According to the advocate, the court had issued such orders after being convinced with reasons advanced by defence lawyers for Mr. Sethi that their client was seriously sick, as he had got an operation in his stomach following which a balloon was fitted inside to improve his health condition. He had that section 53(1) of the Prisons Act entitles an ill inmate to be taken to a Government Hospital for treatment; and that for the case of his client, the court had specifically ordered that his client be taken to Muhimbili National Hospital, which is a Government Hospital. Instead, his client was taken to Amana Hospital as opposed to Muhimbili.
“We do not know with which court orders the Prison Authorities were complying. Your orders, the objectives of which is to ensure that the 1st accused’s health is taken care so that he may eventually be able to stand his trial, specifically directs that the accused be taken to Muhimbili National Hospital. The orders must have been informed by consideration that Muhimbili National Hospital, being a referral hospital, had, presumably, experts capable of and facilities requisite for handling the 1st accused’s illness and health complications. The medical report shows that if the accused’s illness is not properly addressed it may be fatal if the balloon busts,” submitted the Learned Counsel, Mr. Makandege.
He wondered whether by taking his client to Amana Hospital as opposed to Muhimbili the Prison authorities had, indeed, complied with the Court Orders as legally required of them.
Mr Makendege concluded by pointing out that Tanzania is a democratic country that adheres to the rule of law with its people and institutions respecting court orders. It was his submissions that the conduct shown by prison authorities presupposes that the courts in this country had been “rendered toothless bulldogs incapable of biting.”
In his response to the defence submissions, Principal State Attorney, Vitalis Peter, for the prosecution, denied that the Prisons authorities had violated the court orders. He submitted that under section 53(1) of the Prisons Ordinance, the prisons authorities have their own procedures of affording treatments the inmates who are sick.
Mr. Vitalis further disclosed that the accused person was first examined by prison doctors before being taken to Amana Hospital for further treatments; and that a specialized doctor from MNH identified as Dr. Wilson Mgamba, was called at the prison to examine the accused. “I do not know how we have not complied with the court orders”.
“No one can choose for the Prison Authorities where to take their inmates for treatment”, concluded the Learned Principal State Attorney.
Rejoining to the prosecution’s submission, Mr. Makandege submitted that the procedures allegedly institutionalized by the prison authorities do not and could not supersede the lawful court orders nor do such procedures entitle the prison authorities to disobey such orders.
Regarding the prosecutions allegations that one doctor Mgamba from Muhimbili National Hospital had been called at the prisons to examine the 1st accused , Mr. Makandege stated that he had liaised with his client who denied to have ever been attended by such a doctor. He submitted, in alternative, that even if such a doctor was called in that could not amount to compliance with the court orders in question since Muhimbili Hospital is not simply doctors but doctors and facilities requisite for a patient’s case.
As for the prosecution’s submission that “ No one can dictate for the Prison Authorities where to take their inmates for treatment, Mr. Makandege submitted that that was but a pure reflection of impunity with which the Prison Authorities and the prosecutions altogether have undermined the court’s orders and subverted his client’s right to specialized treatment.
Mr. Sethi is charged alongside businessman James Rugemalira with 12 counts of conspiracy, leading organized crime, forgery, uttering a false document, obtaining money by false pretences, occasioning loss to a specified authority and money laundering.
Between October 18, 2011 and March 19, 2014, at various places in Dar es Salaam in the United Republic of Tanzania and various places in Republic of Kenya, South Africa and the Re[public of India, jointly and together, they allegedly conspired to commit an offence obtaining money by false pretences.
Within the same period in the city of Dar es Salaam, the prosecution alleged, being not public officials but in collusion with public officers, all accused persons intentionally and knowingly managed, financed and furthered the objectives of a criminal racket with intent to reap profit or other benefit.
Between November 29, 2013 and January 23, 2014 at Stanbic Bank Limited, Centre Branch in Kinondoni District and at Mkombozi Commercial Bank PLC, St. Joseph Branch in Ilala District, by false pretences, all accused persons obtained 22,198,544.60 US dollars and 309,461,300,158/27.
The court heard further that on November 29, 2013 at Stanbic Bank Limited, Centre Branch in Kinondoni District, by their willful acts, jointly and together, Sethi and Regemalira caused the government of United Republic of Tanzania to suffer a pecuniary loss of the said amount.
It is alleged that on diverse days between November 29, 2013 and January 23, 2014 at different places in the city, jointly and together, the accused persons conspired to commit an offence of money laundering by acquiring from the Bank of Tanzania the money.
Ends…..
THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday warned the prosecution and prison authorities for disobeying its orders requiring them to take to Muhimbili National Hospital (MNH) for treatment prominent businessmen Harbinder Sethi facing 350bn/- economic sabotage charges.
Principal Resident Magistrate Huruma Shaidi insisted that the orders given in two different occasions on the matter must be respected. “As I said earlier, I will not vacate my orders and I insist that the accused should be taken to Muhimbili National Hospital for treatments,” he directed.
The magistrate agreed with the submissions presented by advocate Joseph Makandege, for the businessman, that indeed he gave such orders twice in two different court sessions and todate have not been complied with.
“I do not understand what the problem is. This matter is being prolonged unnecessarily. My orders remain intact and I will not change them,” he insisted. The magistrate adjourned the trial to September 14, for another mention, as investigations into the matter are incomplete.
Before adjournment of the trial, Mr Makandege had asked the court to issue a mandatory order to the prosecution and prisons authorities to cause his client to be taken to the national hospital for treatment due to the health complications he is undergoing.
The advocate threatened to invoke the provision of section 124 of the Panel Code and formally apply to have the Officer In-Charge of Segerea Prison held contemptuous of the Court Orders and summoned to show cause why he should not be detained in his own prison for disobeying the Orders, if such orders would not be respected again.
He submitted that for the past two sessions, the court directed the prisons authorities to take the accused to MNH, but for best known to themselves they decided to have him medically examined at Amana Hospital in total disrespectful of court orders.
According to the advocate, the court had issued such orders after being convinced with reasons advanced by defence lawyers for Mr. Sethi that their client was seriously sick, as he had got an operation in his stomach following which a balloon was fitted inside to improve his health condition. He had that section 53(1) of the Prisons Act entitles an ill inmate to be taken to a Government Hospital for treatment; and that for the case of his client, the court had specifically ordered that his client be taken to Muhimbili National Hospital, which is a Government Hospital. Instead, his client was taken to Amana Hospital as opposed to Muhimbili.
“We do not know with which court orders the Prison Authorities were complying. Your orders, the objectives of which is to ensure that the 1st accused’s health is taken care so that he may eventually be able to stand his trial, specifically directs that the accused be taken to Muhimbili National Hospital. The orders must have been informed by consideration that Muhimbili National Hospital, being a referral hospital, had, presumably, experts capable of and facilities requisite for handling the 1st accused’s illness and health complications. The medical report shows that if the accused’s illness is not properly addressed it may be fatal if the balloon busts,” submitted the Learned Counsel, Mr. Makandege.
He wondered whether by taking his client to Amana Hospital as opposed to Muhimbili the Prison authorities had, indeed, complied with the Court Orders as legally required of them.
Mr Makendege concluded by pointing out that Tanzania is a democratic country that adheres to the rule of law with its people and institutions respecting court orders. It was his submissions that the conduct shown by prison authorities presupposes that the courts in this country had been “rendered toothless bulldogs incapable of biting.”
In his response to the defence submissions, Principal State Attorney, Vitalis Peter, for the prosecution, denied that the Prisons authorities had violated the court orders. He submitted that under section 53(1) of the Prisons Ordinance, the prisons authorities have their own procedures of affording treatments the inmates who are sick.
Mr. Vitalis further disclosed that the accused person was first examined by prison doctors before being taken to Amana Hospital for further treatments; and that a specialized doctor from MNH identified as Dr. Wilson Mgamba, was called at the prison to examine the accused. “I do not know how we have not complied with the court orders”.
“No one can choose for the Prison Authorities where to take their inmates for treatment”, concluded the Learned Principal State Attorney.
Rejoining to the prosecution’s submission, Mr. Makandege submitted that the procedures allegedly institutionalized by the prison authorities do not and could not supersede the lawful court orders nor do such procedures entitle the prison authorities to disobey such orders.
Regarding the prosecutions allegations that one doctor Mgamba from Muhimbili National Hospital had been called at the prisons to examine the 1st accused , Mr. Makandege stated that he had liaised with his client who denied to have ever been attended by such a doctor. He submitted, in alternative, that even if such a doctor was called in that could not amount to compliance with the court orders in question since Muhimbili Hospital is not simply doctors but doctors and facilities requisite for a patient’s case.
As for the prosecution’s submission that “ No one can dictate for the Prison Authorities where to take their inmates for treatment, Mr. Makandege submitted that that was but a pure reflection of impunity with which the Prison Authorities and the prosecutions altogether have undermined the court’s orders and subverted his client’s right to specialized treatment.
Mr. Sethi is charged alongside businessman James Rugemalira with 12 counts of conspiracy, leading organized crime, forgery, uttering a false document, obtaining money by false pretences, occasioning loss to a specified authority and money laundering.
Between October 18, 2011 and March 19, 2014, at various places in Dar es Salaam in the United Republic of Tanzania and various places in Republic of Kenya, South Africa and the Re[public of India, jointly and together, they allegedly conspired to commit an offence obtaining money by false pretences.
Within the same period in the city of Dar es Salaam, the prosecution alleged, being not public officials but in collusion with public officers, all accused persons intentionally and knowingly managed, financed and furthered the objectives of a criminal racket with intent to reap profit or other benefit.
Between November 29, 2013 and January 23, 2014 at Stanbic Bank Limited, Centre Branch in Kinondoni District and at Mkombozi Commercial Bank PLC, St. Joseph Branch in Ilala District, by false pretences, all accused persons obtained 22,198,544.60 US dollars and 309,461,300,158/27.
The court heard further that on November 29, 2013 at Stanbic Bank Limited, Centre Branch in Kinondoni District, by their willful acts, jointly and together, Sethi and Regemalira caused the government of United Republic of Tanzania to suffer a pecuniary loss of the said amount.
It is alleged that on diverse days between November 29, 2013 and January 23, 2014 at different places in the city, jointly and together, the accused persons conspired to commit an offence of money laundering by acquiring from the Bank of Tanzania the money.
Ends…..
