Mahalu case hearing: Former embassy accountant testifies
PLASDUCE MBOSSA
Dar es Salaam
A PROSECUTION witness in the embezzlement case facing former Tanzanian ambassador to Italy, Prof. Ricky Costa Mahalu, and another yesterday testified in court that the former ambassador directed him by letter to pay euros 2,065,826.60 of the money for buying an embassy building in Rome to a separate account at a bank in Monaco, France.
The witness, Stewart Prosper Migwano, who was financial attach at the Rome embassy at the time of the 2002 transaction, told the Kisutu Resident Magistrate's Court that he was also directed by the same person to pay euros 1,032,913.80 to another account in another bank in Italy.
Migwano told Presiding Principal Resident Magistrate In-Charge Sivangilwa Mwangesi, that he did not see the purchase contract for the building until after he had made both payments to the two banks in Italy and France.
It was only then, he said, that he noticed the amount of money specified to have been paid for the purchase was euros 1,032,913.80, although he had paid a total of euros 3,098,741.40.
Mahalu, along with co-accused Ms Grace Martin who was the counsellor at the embassy at the time of the transaction, are jointly charged with stealing over two million euros (approx. 3bn/-) from the government by forging the purchase price for the embassy building in the Italian capital.
It is asserted in the charge sheet that the fraud was aimed at cheating the government into believing that the building''s purchase price was euros 3,098,741.58, when in fact it was euros 1,032,913.80, thus enabling them (Mahalu and Ms Martin) to pocket the difference of 2,065,827.60 euros between them.
Both Prof. Mahalu and Ms Martin have pleaded 'not guilty' to the charges.
When the case first came to court early last year, Migwano was also included as a third accused. However, the state later dropped the charges against him before the case went to trial.
Testifying as a prosecution witness yesterday, the former Rome embassy financial attach' told the court that although he had asked Prof. Mahalu for the whereabouts of the purchase contract before paying the money to the two banks, he was told that the contract was being prepared by officials of the governments of Italy and Tanzania.
Led by a prosecutor from the Prevention and Combating of Corruption Bureau (PCCB), Migwano further testified that when processing the money to be paid on September 24, 2002, he only saw a letter of correspondence between the seller, Ceres, and the embassy - but no purchase contract.
He told the court that Ceres is the name of the company that owned the building bought by the embassy in Rome.
During cross-examination, one of the defence lawyers, Bob Makani, asked the witness to state why he also was initially arrested and charged in court alongside Prof. Mahalu and Ms Martin, but later released.
The witness replied that he did not know why he was released, adding that he was not testifying as a prosecution witness simply because he had been released.
Answering another question from the defence lawyer, Migwano said while he was aware that an evaluation had been done before buying the building, he never saw the evaluation report.
According to Makani, the building was evaluated by an official from Tanzania and another from Italy, and the Tanzanian official came up with the price of euros 3,098,741.40 while the Italian official put the price at more than euros 5 million.
Migwano, however, said he was not aware of any of these details, only that an evaluation was done.
He was then asked whether there was a part in any documents that directed him to pay money to Prof. Mahalu, to which he replied that there was no such direction on any of the documents.
Another defence lawyer, Alex Mgongolwa, asked the witness how many bank accounts the Rome embassy had, to which he replied that there were two accounts.
Asked if he was one of those who signed the forms to process the opening of the account which received the money for the building purchase, the witness answered in the affirmative.
When shown the letter that directed payment of the money to separate bank accounts in Rome and Monaco, he denied having any hand in preparing the letter.
Advocate Mgongolwa asked Migwano why he was denying having helped prepare the letter while his was one of the three signatures on it, and moreover there was use of the word ''WE' to show that more than one person was giving directions in the letter.
The witness, however, insisted that he did not prepare the document but Prof. Mahalu did.
Migwano was also asked if there was any problem with the auditors report in relation to the purchase of the embassy building, and the witness replied that the title deed was missing in December 2002 although he understood it was later provided.
The case will continue with the hearing on May 27 this year.
Meanwhile, another defence lawyer in the case, Cuthbert Tenga, told the court that the defence team was concerned about the way the case is being reported in the media.
Stating that various newspaper reports tended to 'distort' court procedures, Tenga said it is for the court to evaluate evidence given in court, and not the newspapers. He mentioned in particular the Guardian, Mtanzania, THISDAY and KULIKONI publications.
The defence counsel asked the court to use legal provisions to summon editors from these newspapers on this issue.
Presiding magistrate Mwangesi said he would give a ruling on the matter when the case comes up for continuation of hearing on May 27.