IT was all smiles as former Tanzania Electric Supply Company Limited (Tanesco) Managing Director William Mhando and four others were yesterday acquitted by the Kisutu Resident Magistrate’s Court on charges of abuse of position and forgery.
Principal Resident Magistrate Kwey Rusema set free Mhando, his wife Eva, and three Tanesco employees, France Mchalange and Sophia Misidai, both Principal Accountants and Naftali Kisinga, a Supplies Officer, after the prosecution failed to proved the charges beyond reasonable doubt. “I find the prosecution to have failed to prove its case as required by law.
I find all the accused persons not guilty and, henceforth be acquitted. They are free at all liberty unless held for another lawful purpose,” the magistrate declared in the judgment read on his behalf by Senior Resident Magistrate Hellen Riwa.
The accused persons were facing charges of abuse of position and forgery in respect of a contract for supply of stationery valued at over 884m/-.
The accused persons had pleaded “Not Guilty” to the charges. In an attempt to prove the charges, the prosecution called eight witnesses. After the court session, a prosecutor from the Prevention and Combating of Corruption Bureau, Leonard Swai, told this paper that corruption in the judiciary has reached a critical stage and there was need for government to intervene.
He said that the prosecution would appeal against the verdict, considering the fact that when delivering the judgment, the trial magistrate never evaluated the prosecution’s evidence in relation to other accused persons.
On the other hand, the accused persons and relatives who gathered at the court premises were seen celebrating after delivery of the judgment.
Mhando attempted to punch one of the photographers, who was busy taking pictures at the time he was leaving the court compound.
In the judgment, Magistrate Rusema noted that from the evidence tendered, the saga surrounding the case involved signing of a contract for supply of stationery between Santa Clara Supplies Company Limited and Tanesco, the government owned company.
He said that Mhando is alleged to have failed to declare his interests in respect of Santa Clara Limited, which is owned by his wife, hence abusing his position.
But the magistrate said that the immediate question to be asked was who was responsible or who had final say over award of contracts.
“The answer is Tender Board of Tanesco. Neither of the accused persons was members of the Tender Board nor was present during deliberation of the proceedings.
How could the first accused person (Mhando) declare interests into a meeting he did not attend?” the trial magistrate queried.
He further observed that there was no evidence produced by the prosecution to show that Mhando had ever been asked about the matter and gave any contributions.
There was also a question on whether or not Mhando did not know that Santa Clara was owned by his wife and children.
