THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday discharged the former Director of Planning, Monitoring and Evaluation with Prevention and Combating of Corruption Bureau (PCCB) Kulthum Mansoor in the 1.4bn/- economic trial she was facing.
Principal Resident Magistrate Huruma Shaidi reached the decision after the Director of Public Prosecutions (DPP) dropped the trial in favour of the accused person. The DPP entered Nolle certificate, showing he would not wish to prosecute her in respect of the case in question.
State Attorney Ester Martin presented the certificate in question on behalf of the DPP, who dropped the trial under section 91 (1) of the Criminal Procedure Act (CPA).
However, the provision in question does not prohibit the prosecution to re-arrest the accused and charge her with the same offences. Relying on under the same law, the police around the court premises re-arrested the accused person and was charged with another criminal case, containing the same offences except that of money laundering, which does not fall under the Economic and Organised Crime Control Act.
In the new case, the accused person is facing seven counts of forgery and obtaining money by false pretences, allegedly committed between January 2012 and May 2017 in Dar es Salaam. They were read over to the accused by State Attorneys Sylvia Mitanto and Yusuph Aboud and denied involvement.
Following such changes of circum- stances, the advocate for the accused person, Elia Mwingira, pushed for bail to be granted to his client. The magistrate granted the request and ordered the accused to be bailed out on conditions of securing two reliable sureties with identity cards from known institutions.
Each surety, according to the magistrate, must sign a bond of 20m/-. The accused person managed to secure the sureties in question. The case was adjourned to August 3, 2021 for the mention, as investigations into the matter, according to the prosecution, are incomplete.
In the new case, the accused person is facing seven counts of forgery and obtain- ing money by false pretences, allegedly committed between January 2012 and May 2017 in Dar es Salaam. They were read over to the accused by State Attorneys Sylvia Mitanto and Yusuph Aboud and denied involvement.
The prosecution alleges that between January 2013 and May 2018 at the premises of the PCCB Headquarters within 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 at Upanga area in Ilala District, being the PCCB Director, by false pretences and with intent to defraud, obtained a total of 34.2m/- from different employees, Alex Mavika, Wakati Katondo, Gogo Migutah, Ekwabi Majungu, John Sangwa and Rose Shingela.
Such amount, according to the prosecution, was payment for the sale of a plot of land situated at Ukuni Village within Bagamoyo District in Coast Region with the accused person falsely pretending to be the owner of the said plots of land, the fact which she knows to be false.