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Judicial CP - December 2006

Corpun file 18678

Daily News, Dar es Salaam, 15 December 2006

NBC robbers sentenced to 30 years jail term

By Peter Temba in Moshi

FOUR people were, on Wednesday, sentenced to 30 years in jail and 12 strokes of the cane each, after they were convicted of conspiracy to commit a crime and participation in an armed robbery at NBC Limited, Moshi branch, in which 5.3 bn/- was stolen on May 21, 2004 at around 3.00 pm.

The convicts are Jackson John ole Nemetemi, Benjamin Julius Dia, Kevin Julius Dia and Jacob Raphael Kallaghe.

The trial Resident Magistrate, Amir Mruma, also sentenced two other accused persons - Happy Memei Laizer and Evelyn Mlaki - the sister-in-law of ole Nemetemi - to three years imprisonment each, for being found in possession of stolen or illegally acquired properties.

Mr Mruma, who was among 20 High Court judges appointed by President Jakaya Kikwete recently, acquitted eight other accused persons - four ex-policemen and four civilians - for lack of sufficient evidence to implicate them in the robbery, which involved the biggest amount of money ever stolen in a banditry incident in the history of Tanzania so far.

Those who were set free included ex-police constable Mohamed, ex-PC Stide, ex-PC Seif and ex-PC Jovin, Happy John Mlaki, the wife of ole Nemetemi, Grace Adriano, Asina Abdallah and Ramadhani Juma.

Of the stolen cash, 175,777,732 /- was property of NBC, while 5,144,000,000 /- belonged to the Bank of Tanzania (BoT) as the Moshi NBC branch is one of the BoT's Safe Custody Centres in the country.

In his seven-hour judgement, which started at 1.15 pm and ended at 8.30 pm, Mr Mruma rejected alibi defence by ole Nemetemi as he was properly identified as one of the bandits who raided the bank by the NBC workers, including the Branch Manager, Mr Emanuel Katema, who was the first prosecution witness.

The magistrate further observed that generally the defence of the four convicts was inconsistent, falsified and glossed with contradictions, adding that the prosecution proved their case beyond reasonable doubt that the convicts conspired with aliens, who are still at large, to commit the offence.

He said the fact that Evelyn received a parcel in which 47.8m/- was stuffed and later decided to send it to her friend, Mwanahamisi Shabani, to hide, indicated that the former knew what was inside the parcel which was dispatched to her by ole Nemetemi through his wife.

The magistrate said Laizer received a Suzuki Escudo, with registration number T206 ACU, from ole Nemetemi, knowing or having reason to believe that the same was acquired through the stolen money from NBC Moshi.

Turning to the two policemen, who were on guard at the time of the robbery - ex-PC Mohaned and ex-PC Stide, the magistrate exonerated them because according to bank regulations, the guards have no mandate to search customers who walk in and out of the bank, adding that the guards were not informed about corporate customers who are allowed to bring their money-carrying vehicles inside the bank premises.

The other two policemen - Seif and Jovin - were implicated in the robbery simply because their domestic workers were found in possession of currency notes bearing serial numbers of some of the stolen money from the bank, saying after the banditry, the stolen money was inevitably in circulation.

Mr Mruma ordered that over 158m /- which was seized from the convicts by the police investigators be sent back to NBC Moshi and that all impounded items be auctioned by a competent and reputable auctioneer and the proceeds be forfeited to NBC.

Sentencing the convicts, the magistrate observed that armed hold-up were [sic] unprecedented in the country and courts of law were bound to impose deterrent penalties to discourage further commission of the crime.

The prosecution, which summoned 61 witnesses, was represented by the Deputy Director of Public Prosecution, Mr Augustine Shio and Yoanne Massara while the accused persons were represented by Arusha-based private lawyers, Loom Ojare and Mediun Mwale.

Ojare told the court that his convicted clients intend to appeal against both conviction and the sentence.

During delivery of the verdict security was very tight with riot police in full combat gear in strategic positions around the court premises. Florida Road was temporarily closed to allow a big crowd to hear the judgment through public address system.

Plain clothes police men and women were also in place assisted by police on horseback and police dogs to ensure that peace and tranquility prevailed during the court session.

Copyright @ TSN 2006 All Rights Reserved

Corpun file 18685

The Guardian, Dar es Salaam, 26 December 2006

Court's watchman jailed 30 years

By Gideon Mwakanosya
PST, Mbinga

The Mbinga District Magistrate`s Court in Ruvuma Region has sentenced two accused persons including a watchman of the court, to 30 years in jail each and 12 strokes of the cane after they were found guilty of three counts of armed robbery.

The convicts are - Eliasi Ndimbo (36), a resident of Matarawe area in Songea Municipality and a watchman, Erasto Nchimbi miaka (26), who was employed by Mbinga District Council.

Earlier, the prosecution assistant inspector of Police, Abdallah Mkandambela, claimed before the Senior Resident Magistrate of Mbinga District Court, Maximiliani Malewo, that at around 6am on December 21, at Mihango Village in the district, Ndimbo and Nchimbi robbed Bosko Hyera of 18,000/- in cash.

Before robbing him they threatened the victim with a gun.

Mkandambela further alleged that at around 8 am on the same day after the robbery, the accused were arrested in the same village in unlawful possession of a loaded short gun with registration No. G71049.

Sentencing the duo, Senior Resident Magistrate Maximiliani Malewo said in his 50 minutes judgment that the court was satisfied with evidence adduced before it by the prosecution showing apparently that the accused persons openly and beastly committed the offences as charged.

In elaboration, Malewo said the accused, who were facing three counts of armed robbery with violence, were found to be in illegal possession of a loaded gun.

The Magistrate told the court that since the accused behaved beastly, the court would issue a stern sentence as deterrence to other offenders.

He, therefore, sentenced Ndimbo and Nchimbi in the first count to serve 30 years in jail and 12 strokes of the cane each, and on the second count, each convict was sent to jail for 15 years while in the third count they were jailed 15 years each. The sentences will run concurrently.

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