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‘1bn/- plea bargain still pending’

THE Director of Public Prosecutions (DPP) has not respondend to a request by former Director of Planning, Monitoring and Evaluation with Prevention and Combating of Corruption Bureau (PCCB) Kulthum Mansoor to end the 1.4bn/- economic trial under a plea bargaining arrangement.

This situation was revealed at the Kisutu Resident Magistrates’ Court in Dar es Salaam when the economic and money laundering trial under, which the then PCCB director is facing, came up for mention.

Defence counsel Elia Mwingira told Principal Resident Magistrate Kassian Matembele that his client had not received any response from the DPP since she petitioned for plea bargaining to summarily end the trial.

“We have not received any response despite writing to the DPP on the matter, which has taken too long. It is better we know its outcome so that we can move forward with other arrangements,” the counsel submitted.

In response to submissions, public prosecutor Senior State Attorney Wankyo Simon threw the ball back to the defence counsel, alleging that he knew the process involved and was the one following it up.

“I don’t have any information for now on the matter. I will let the court know of any progress after being informed by those involved. Otherwise, the defence counsel should continue following up the matter at the DPP’s office to know what is going on,” he said.

The magistrate had nothing to add so he adjourned the case until November 9, 2020 for another mention, as investigations
into trial had not been completed.

Recently, the accused renewed her request to enter into plea bargaining with the DPP by writing a letter to him, expressing her intention to negotiate with a view to ending the trial summarily.

In October 2019, the former PCCB director joined other persons charged with economic and money laundering charges to seek amnesty that had been granted by President John Magufuli. She wrote to the DPP, showing her intention to enter into the agreement.

Such a move is provided in Section 194A(2) of the Criminal Procedures Act (CPA).

However, a month later the deal aborted for unknown reasons.

Defence counsel Mwingira informed the court that negotiations leading to plea bargaining had not reached any better stage.

In the case, the accused is charged with eight counts of forgery, obtaining money by false pretences and money laundering of 1,477,243,000/-.

The offences are alleged to have been committed between January 2012 and May 2017 in Dar es Salaam City.

According to the prosecution, between January 2013 and  May 2018 at the PCCB headquarters in Ilala District, knowingly and with intent to deceive, the director forged a letter of offer, purporting to show that it was issued by Bagamoyo District Council, while it was untrue.

Between January 2012 and May 2017 in Upanga, Ilala District, being the PCCB director, by false pretences and with intent to defraud, she obtained 32.2m/- from different employees, Alex Mavika, Wakati Katondo, Gogo Migutah, Ekwabi Majungu, John
Sangwa and Rose Shingela.

The amount, according to the prosecution, was payment for the sale of a plot situated at Ukuni Village in Bagamoyo District,
Coast Region, with the accused person falsely pretending to be the owner of the plot, which she knew it was false.

On money laundering, the prosecution says the accused, between January 2013 and May 2017, in Upanga, Ilala District, obtained 1,477,243,000/-, while she knew or ought to have known at the time of receipt the money was a predicate offence of forgery


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