Ach-F
05-04-2011, 04:37 PM
EPA case accused confessed obtaining 3.8bn/-, witness says
3rd May 2011
FARIJALI Hussein had confessed to have obtained the amount on false pretence and had also forged documents in order to obtain the money, a witness in the theft case of 3.8bn/- from BoT under the EPA scheme told a Dar es Salaam court on Tuesday. Others accused in the case are Rajabu Maranda, Ajay Somani and BoT officials Imani Mwakosya, Esther Komu and Sophia Larika. Hussein is the first accused. Senior Superintendent of Police in the Criminal Investigation Department, Mr Salim Kisai, who is also an expert in fraud investigation, was testifying at the Kisutu Resident Magistrate’s Court.
Mr Kisai, the seventh prosecution witness, said that on October 10, 2008 Hussien had confessed to him in a cautioned statement that he (Hussein) had obtained 3.8bn/- on false pretence and also forged documents in order to do so for Mibale Farm Company Limited. He also told the court that Lakshmi Textile Mills Co. Limited of India which had assigned the 3.8bn/- to Mibale Farm Company Limited never existed. “On October 10, 2008 I interrogated Mr Farijali Hussien who admitted to me that he had obtained and forged documents in order to obtain 3.8bn/- for Mibale Farm Company Limited,” testified Mr Kisai.
He told the court that in the police investigations, it was found out that Hussein was one of the owners of Mibale Farm Company Ltd. In the interrogation, Mr Kisai said that Hussein had told him that he had been told by his brother, the second accused Rajab Maranda, to register a company by the name of Mibale Farm Company Limited at BRELA which he did.
“He told me that on June 12, 2005 he was phoned by his brother Rajab Maranda, the second accused to register a company called Mibale Farm Company Limited with BRELA though he did not know for what purpose. “Mibale Farm Company Limited was to be registered in the names of Farijali Hussein and Kiza Selemani,” explained Kisai. Kisai testified that BoT had deposited the 3.8bn/- in the account of the company at United Bank of Africa (UBA) and Hussein was given 50m/- as his share and Selemani got 25m/-. Responding, defence counsel Mr Richard Rweyongeza asked about the said cautioned statement the accused had allegedly confessed, to which Mr Kisai failed to provide to the court.
Mr Kisai also failed to prove to the court whether Lakshmi Textile Mills Co. Limited of India never existed, against the defence counsel’s assertion that the company did exist. Principal Resident Magistrate Elvin Mugeta adjourned the case to Thursday when other prosecution witnesses will continue testifying. According to the prosecution, all the accused persons on diverse dates between January 18 and November 3, 2005 in the city of Dar es Salaam conspired to obtain money by false pretence. It is alleged in court that the first accused, Hussein, on September 18, 2005, in the city with intent to defraud, forged a certificate of registration number 46218 and an extract from register number 46218, showing that they were signed and issued by Deputy Registrar of Business to Mibale Farm.
Hussein is also alleged to have uttered a false document on September 12, 2005, at the United Bank of Africa, purporting to show that the forged certificate of registration and extract were genuine documents while knowing the same to be false. On the fourth count for all accused persons, it is alleged that on different dates between November 6 and 24, 2005 in the city, with intent to defraud, the accused obtained from BoT 1,099,400,000/- by falsely pretending that Lakshmi Textile Mills Co. Limited of India had assigned Mibale Farm a debt of the same amount.
On the sixth count facing Hussein, Maranda and Somani, it is alleged that between November 6 and 24, 2005 in the city they obtained 2,769,505,737/13 from BoT after falsely pretending that Mibale Farm had been assigned a debt of the same amount by Lakshmi Textile Mills Co. Limited. On the last count facing Mwakosya, Komu and Lalika, it is alleged that on November 3, 2005, at BoT, being employees of the said bank, by negligence or failure to discharge their duties, caused the bank to suffer a loss of 1,099,400,000/-.
Watasema wenyewe ... .... . ..
3rd May 2011
FARIJALI Hussein had confessed to have obtained the amount on false pretence and had also forged documents in order to obtain the money, a witness in the theft case of 3.8bn/- from BoT under the EPA scheme told a Dar es Salaam court on Tuesday. Others accused in the case are Rajabu Maranda, Ajay Somani and BoT officials Imani Mwakosya, Esther Komu and Sophia Larika. Hussein is the first accused. Senior Superintendent of Police in the Criminal Investigation Department, Mr Salim Kisai, who is also an expert in fraud investigation, was testifying at the Kisutu Resident Magistrate’s Court.
Mr Kisai, the seventh prosecution witness, said that on October 10, 2008 Hussien had confessed to him in a cautioned statement that he (Hussein) had obtained 3.8bn/- on false pretence and also forged documents in order to do so for Mibale Farm Company Limited. He also told the court that Lakshmi Textile Mills Co. Limited of India which had assigned the 3.8bn/- to Mibale Farm Company Limited never existed. “On October 10, 2008 I interrogated Mr Farijali Hussien who admitted to me that he had obtained and forged documents in order to obtain 3.8bn/- for Mibale Farm Company Limited,” testified Mr Kisai.
He told the court that in the police investigations, it was found out that Hussein was one of the owners of Mibale Farm Company Ltd. In the interrogation, Mr Kisai said that Hussein had told him that he had been told by his brother, the second accused Rajab Maranda, to register a company by the name of Mibale Farm Company Limited at BRELA which he did.
“He told me that on June 12, 2005 he was phoned by his brother Rajab Maranda, the second accused to register a company called Mibale Farm Company Limited with BRELA though he did not know for what purpose. “Mibale Farm Company Limited was to be registered in the names of Farijali Hussein and Kiza Selemani,” explained Kisai. Kisai testified that BoT had deposited the 3.8bn/- in the account of the company at United Bank of Africa (UBA) and Hussein was given 50m/- as his share and Selemani got 25m/-. Responding, defence counsel Mr Richard Rweyongeza asked about the said cautioned statement the accused had allegedly confessed, to which Mr Kisai failed to provide to the court.
Mr Kisai also failed to prove to the court whether Lakshmi Textile Mills Co. Limited of India never existed, against the defence counsel’s assertion that the company did exist. Principal Resident Magistrate Elvin Mugeta adjourned the case to Thursday when other prosecution witnesses will continue testifying. According to the prosecution, all the accused persons on diverse dates between January 18 and November 3, 2005 in the city of Dar es Salaam conspired to obtain money by false pretence. It is alleged in court that the first accused, Hussein, on September 18, 2005, in the city with intent to defraud, forged a certificate of registration number 46218 and an extract from register number 46218, showing that they were signed and issued by Deputy Registrar of Business to Mibale Farm.
Hussein is also alleged to have uttered a false document on September 12, 2005, at the United Bank of Africa, purporting to show that the forged certificate of registration and extract were genuine documents while knowing the same to be false. On the fourth count for all accused persons, it is alleged that on different dates between November 6 and 24, 2005 in the city, with intent to defraud, the accused obtained from BoT 1,099,400,000/- by falsely pretending that Lakshmi Textile Mills Co. Limited of India had assigned Mibale Farm a debt of the same amount.
On the sixth count facing Hussein, Maranda and Somani, it is alleged that between November 6 and 24, 2005 in the city they obtained 2,769,505,737/13 from BoT after falsely pretending that Mibale Farm had been assigned a debt of the same amount by Lakshmi Textile Mills Co. Limited. On the last count facing Mwakosya, Komu and Lalika, it is alleged that on November 3, 2005, at BoT, being employees of the said bank, by negligence or failure to discharge their duties, caused the bank to suffer a loss of 1,099,400,000/-.
Watasema wenyewe ... .... . ..