- Published on Wednesday, 29 February 2012 00:00
- Written by JULIUS BWAHAMA
- Hits: 8
FORMER Tanzanian ambassador to Italy, who is facing an embezzlement case, on Tuesday told the Kisutu Resident Magistrate’s Court that President Jakaya Kikwete authorized the purchase of the embassy building in Rome when he was foreign affairs minister.
The former ambassador, Prof Costa Ricky Mahalu, who was recalled to be put on trial for occasioning a loss amounting to 2 million Euros to the government through theft and forgery in connection with the purchase of the embassy building, started his defence on Tuesday.
Giving his testimony before Principal Resident Magistrate Evelyn Mugeta, a profusely sweating Mahalu told the court that in December 2001, Mr Kikwete went to Italy for a summit and while there he visited the building that had been earmarked by his ministry to house the embassy.
“He was shown around the building, inside and outside by the owner's son and Mr Kikwete was very delighted with its beauty, thus he called his permanent secretary to ensure that the initial installment of 1 million US Dollars was paid. “He even suggested that I travel to Dar es Salaam to follow up on the remaining installments.
At one point, he even offered the owner of the house and her husband a paid-up trip to Ngorongoro Crater National Park,” testified Prof Mahalu in a packed court room. The presiding magistrate also accepted the tendering of copies of correspondences between the Ministry of Foreign Affairs and the Embassy of Tanzania in Italy concerning the building.
According to defence advocate Mabere Marando, the court had to accept copies of letters as evidence and not their originals because the Ministry of Foreign Affairs and International Cooperation had failed to release the original copies. “According to the Law of Evidence, since the disappearance of the documents did not arise from the fault or neglect of the accused, it is reasonable that we tender the copies,” prayed Marando.
The prosecution did not object. However, the prosecution objected to the tendering of a copy of a letter addressed to Mr Kikwete from the Embassy of Tanzania in Italy dated March 24, 2002, saying that the letter was “personal and confidential” and therefore the original could not be at the ministry.
“We also object to the tendering of a letter dated March 15, 2002 and addressed to the permanent secretary because we have not received it,” said State Attorney Ben Lincolin. The case was adjourned to today, when a ruling on whether to accept the letters as evidence or not will be made. According to the charge sheet, Mahalu and Grace are accused of conspiring to steal from the government of Tanzania.
On the second count, it is alleged that on September 23, 2002 at the Tanzanian embassy in Italy, being persons in the service of the Tanzanian Government, knowingly and with intent to deceive did use payment voucher number D2/9 dated 23.9.2002 containing false particulars that the purchase price of the Tanzanian embassy building in Rome was Euro 3,098,741.58.
On the third count, it was alleged that the accused on October 1, 2002 at the Tanzanian embassy did use sales contract dated 1.9.2002, claiming that the purchase price was Euro 3,098,741.58 and the vendor of the building had received the money.On the fourth and fifth count, it was alleged that on the same date and place the accused stole Euro 2,065,827.60 and thereby causing the government of Tanzania to suffer a loss.
No comments:
Post a Comment