Bail on former Jatu PLC boss hits snag

EFFORTS to bail out former Chief executive director of JATU PLC, Peter Gasaya, who faces charges of fraud of over 5bn/- using false pretences, have hit a snag.

His lawyers have continued to pursued the court to set favourable conditions for their client.

Speaking yesterday before Principal Resident Magistrate Mary Mrio, the defense lawyer, Kung’e Wabeya, asked the court to review the bail conditions.

Wabeya said he clearly knows that the aim of the court setting those conditions was to ensure that the accused arrives in court when needed, but they were asking the court to put affordable conditions for their client so that he can fulfil them and get the bail.

On his part, the second lawyer for the defendant, Nafikile Mwamboma, said the court has somehow slipped and set an extremely high bond amount that would be difficult for their client to meet.

“Bail is the right of the accused according to the law, Section 13(6)(b) and Section 14(1-2) of criminal offenses, but it is obvious that the amount set deprives our client of this right,” emphasized Mwambona.

Responding to the arguments from the defense, the State Attorney Caroline Matemu asked for more time to come and answer those arguments.

The bail conditions complained by the defendant’s lawyers are that the defendant must submit 2.6bn/- or a title deed of immovable property with that value, as well as having two legally recognized guarantors who must have a letter from the local government attached together with the national ID or the voter ID, and they must be Dar es Salaam residents.

The guarantors are also required to sign for half of the assets mentioned in the indictment or submit a deed of assets worth 2.6 bn/-, and the deed will have to be verified first before being presented in court.

The accused first appeared before Kisutu Resident Magistrate’s Court on December 29, last year, charged with fraud totalling over 5bn/- using false pretenses. The case has been adjourned until January 25 of this year.

Meanwhile, The Kisutu Resident Magistrate’s Court in Dar es Salaam has found guilty the accused: Jackson Wambura, Charles Itembe, and Hassan Wangi, who are accused of shooting dead Kariakooo businessman Amadius Kilawila in 2010.

The minor decision was given on Friday by the Principal Resident Magistrate, Renatus Rutta, after carefully reviewing the evidence given by the eight prosecution witnesses.

“I have reviewed the testimony of eight witnesses for the prosecution, and the court has found that all three defendants have a case to answer and will be required to defend themselves,” said Rutta.

After Magistrate Rutta gave the decision, all the defendants vowed that they would defend themselves under oath and that each would have two witnesses while being led by their lawyers, Jebra Kambore, Peter Mananjala, and Maria Mushi.

Magistrate Rutta adjourned the case until January 17, this year, where the defendants will begin to defend themselves under oath.

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