BUSINESSMAN Ndama Hussein, alias “Mtoto wa Ng’ombe,” and his co-accused Yusuph Hussein have surrendered to the Director of Public Prosecutions (DPP), requesting to enter into a plea bargaining agreement to end the 345m/- economic trial they are facing.
Advocate Jeremiah Ntobesya told Senior Resident Magistrate in Charge Godfrey Isaya at the Kisutu Resident Magistrate’s Court in Dar es Salaam, when the case came for mention, that they wrote a letter to the DPP on March 11, 2021, expressing their intention.
Having so notified on their intention in terms of Rule 3 of the Criminal Procedure (Plea Bargaining) Rules, 2021, the magistrate made an inquiry from the accused persons to satisfy the court in terms of Rule 5 (2) of the Rules, whether the accused persons decided to enter into the agreement voluntarily.
The magistrate was satisfied with the voluntariness and gave the prosecution and defence 30 days to conclude the plea bargaining agreement.
He also directed the prosecution to comply with Rule 6 of the Rules, which require them to disclose to the accused persons all relevant information, documents or other matters obtained during investigation for them to make an informed decision regarding the agreement.
The case was adjourned to April 4, 2021 for mention, pending the plea bargaining agreements. In the trial, the accused persons are facing six charges of forging different documents, obtaining money by false pretences and money laundering in a deal involving minerals with a Botswana national.
It is alleged that on or before January 21, 2020 in Dar es Salaam, with intent to defraud, the two accused persons forged Safe Keeping Receipt purporting to show that Lockfort Security Company Limited received and stored 100kilogrames of raw gold from Samwel Kabula.
The court heard that on or before March 5, 2020 in the city, the accused persons made a false Sale and Purchase Agreement between Cozac Logistics International Company Limited, a Tanzanian Company and Innovative Perspective, a Botswana Company.
It is alleged that the accused persons purported to show that Cozac Logistics company contracted to supply 500kg of gold bars to Innovative Perspective (Pty) Limited for a price of 27,000 US dollars per kilogramme, while it was untrue.
The prosecution alleges that on the same date and place, with intent to defraud, the duo made a false Transactions Guarantee for 450Kg of gold bars, purporting that Cozac Logistics International Company Limited undertakes to sell the gold in question to Innovative Perspectives Limited, while it was untrue.
It is alleged that on or before September 18, 2020 in the city, with intent to defraud, the accused made a false Gold Identification and Purity Testing Report, purportedly showing that Southern and Eastern African Mineral Centre issued the same to Now Import and Exports (Pty) Limited.
According to the prosecution, the latter company allegedly certified that 60kg of gold bars tested and contained 97.24 per cent to 97.71 per cent gold purity, the fact that it was not true.
It is alleged that between January 1, 2020 and February 12, 2021 within the commercial city of Dar es Salaam, by false pretences and with intent to defraud, Ndama and Hassan obtained 150,000 US dollars- from Emanuel Motilhatlhedi, the representative of Innovative Perspective (Pty) Limited.
The prosecution told the court that the two accused persons pretended to show that they would supply 500kg of gold bars, the fact they knew to be false. The two accused persons were also charged with money laundering.
It is alleged that within the same period in Dar es Salaam, jointly and together, the accused persons acquired the money amounting to 150,000 US dollars, while they knew that at the time of receipt, the amount was proceeds of a predicate offence of forgery.