Court rules Mahalu, co-accused innocent

Prof Costa Mahalu waves to friends and relatives as he leaves Kisutu Resident Magistrate�s Court in Dar es Salaam yesterday after the court acquitted him and co-accused Grace Martin of corruption charges. (Photo: Khalfan Said)

Former Tanzanian Ambassador to Italy Professor Costa Ricky Mahalu and his co-accused Grace Martin were acquitted yesterday of charges of conspiracy and theft of Euro 2 million from the government by using two separate contracts to purchase an embassy building.

Reading the judgment, the Kisutu Senior Resident Magistrate Ilvin Mugeta said that the prosecution side has failed to prove beyond reasonable doubt the allegations against the accused.

He also said that co-accused Grace Martin was not supposed to be included in the trial because there were no evidences that she participated in the abuse of office.

Magistrate Mugeta said there was no sufficient evidence to prove that the stolen money was deposited in the account of the accused Prof Mahalu, adding that there was also no evidence that the accused stole the money.

The Magistrate said that the prosecution evidence over the issue was not straight forward, adding that no direct evidence was obtained that the accused persons stole the money.

“The evidence available which is based on documents used to purchase the chancery is evidence of that nature which just suggest that the accused person possibly stole the money,” Magistrate Mugeta said.

He said in order to prove the offence two things must be established: Firstly that the account into which the alleged stolen money was paid into belongs to the accused person. Secondly the accused person used the money for personal gain.

Mugeta further said that the prosecution failed to interview the vendor on whether he received the money or not and since there was no evidence that the accused person retrieved the money, the offence of stealing cannot be proved.

On using two separate contracts to purchase the building, Magistrate Mugeta said that the prosecution has also failed to prove that the contracts were a conspiracy and if Prof Mahalu breached the law by using two contracts.

Magistrate Mugeta said that he found the issue to be relevant to the facts of the case but both parties, prosecution and defence brushed it aside, concentrating on the issue whether there was permission to use two contracts or not.

“I do not think this is a relevant fact under the circumstance of this case. This is because if use of two contracts is an offence, no permission can legalise it except the change of the relevant law,” the magistrate said.

According to the Magistrate, there is no evidence which shows the money used to buy the Embassy building in Rome Italy was about 3 million Euros as claimed by the prosecution side, adding that about 2,065,827.60 Euros was sent to the vendor’s account as the evidence showed.

On the offence of pecuniary loss, magistrate Mugeta said that the loss alleged to have been occasioned of Euro 2,065,827.60 was different from the amount stated in exhibit P1 and P6.

On the charge that the accused person used documents containing erroneous material particulars intended to mislead the principal, he said the documents support the payment of Euros 3,098,741.40 to the vendor adding that for that matter the said document does not contain any misleading particular, hence both the documents would have been relevant if any or both charges were proved.

He said that lack of such proof renders the documents genuine and the transactions involved proper.

Earlier the case was scheduled for ruling on June 11th, this year but it was adjourned to yesterday.

The prosecution side brought in court seven witnesses who testified against the accused while the defence side brought three witnesses including the former President Benjamin Willim Mkapa.

Mkapa testified that the purchase had his government’s blessings, adding he wasn't aware that 3,098,741.58 Euros was equivalent to 2.9bn/-.

As first witness, Mahalu told the court that the then Minister of Foreign Affairs and International Cooperation Jakaya Kikwete (now President of the United Republic of Tanzania) was aware of the process of purchasing the embassy along with two draft contracts.

Prof Mahalu was arraigned in January 2006 along with Martin on charges of conspiracy to steal from the government.

SOURCE: THE GUARDIAN

Warioba: Too few women comment on Constitution

Joseph Sinde Warioba

Most women are inexplicably reluctant to give their views on the kind of Constitution they would like Tanzania to have, Constitutional Review Commission chairman Joseph Sinde Warioba told journalists in Dar es Salaam yesterday.

He made remarks to that effect when presenting the first monthly report on the progress the team has made since it started work on June 19, this year.

“The general trend has been for women to turn up (before the commission) in massive numbers but, surprisingly, most are often scared to air their views,” he said, mainly citing the challenges the team was facing.

“The other challenge the commission has had to contend with repeatedly relates to interference by political parties that usually results in preventing people from enjoying their freedom of expression, thus ending up airing the views of their respective parties instead,” added the retired judge and former prime minister.

He explained that political parties have been giving statements and sometimes instructions they demand that their members observe as proof that they toe the party line, “while this clearly denies these people their freedom to air their own views”.

Judge Warioba demanded that political parties refrain from such interference, adding: “Citizens across the country, even in the remotest of areas, have a lot to say on what the new Constitution should contain. All deserve the opportunity to make their voices heard without let or hindrance.”

He meanwhile also cited shortage of time as a serious constraint the commission was facing, elaborating: “The set three-hour time for the commission to meet with the citizens on any given day is far from enough. But we have no option but to abide by the condition and ensure Tanzania gets a new Constitution for the benefit of our people.”

The other challenge, according to Judge Warioba, is that some people have been depending on only one way to present their views – speaking at sessions of the commission – “while there is a whole range of ways to do so, such as through email and post offices”.

He added that the commission was at times forced to move more slowly that planned, and therefore falling behind schedule, because its duties coincided with community issues such as prayers, business and domestic chores.

“Despite the challenges, though, Tanzanians are assured of a new constitution that will guide them into free, fair and peaceful elections come 2015,” said an upbeat Judge Warioba.

He added that in order to make people more aware of the Constitution Review Act of 2011, under which his commission was constituted, they usually spend the first three hours at every session clarify to the people various issues of national interest and how they relate to the team’s work.

The issues include nationality and patriotism, the rights and responsibilities of the citizenry, the government’s duties and responsibilities, state authority and its organisation, land and allied resources, importance of unity in the country, democracy and political parties.

Among the others are Tanzania’s relations with other African countries and the international community, representation and law enactment systems, the systems of granting constitutional rights, as well as defence and security matters. According to Judge Warioba, the commission will embark on the second phase of its work by touring Mbeya, Morogoro, Lindi, Ruvuma, Kigoma, Katavi and Mwanza regions from August 27 to September 28. The commission, which has 15 members from mainland Tanzania and as many from Zanzibar, is charged with the collection of public opinion on the review of the Tanzania and its validation via a referendum. It has a budget of 40bn/- in financial year 2012/2013 and is expected to complete its task by October 2013. President Jakaya Kikwete Judge Warioba and former Chief Justice Augustino Ramadhani as its chairman and vice chairman, respectively, on April 6.

SOURCE: THE GUARDIAN

Man Killed Boy Then Hide Body Parts In Freezer

Levi Aron faces at least 40 years in prison after pleading guilty to kidnapping and murdering eight-year-old Leiby Kletzky.

A man has admitted abducting and dismembering an eight-year-old boy who got lost on the way home.

Leiby Kletzky was walking to meet his family halfway between their home and a day camp in Brooklyn, New York, when he was abducted.
A two-day search by police and members of the ultra-Orthodox Hasidic Jewish community led to 35-year-old Levi Aron's flat, where body parts were found in a freezer.
The rest of Leiby's body was discovered inside a red suitcase thrown into a large rubbish bin in another Brooklyn neighbourhood.
Aron appeared at Brooklyn Supreme Court on Thursday and entered a guilty plea to second-degree murder and kidnap.

Leiby Kletzky was abducted on his way home from a religious day camp

He is due to be sentenced to at least 40 years later this month.
The plea came after a deal with prosecutors – approved by the Kletzky family - to avoid the need for a trial.
CCTV footage obtained by police showed Leiby on July 11 last year, the day he disappeared, asking Aron for directions.
He was then seen walking down a street with Aron, and waiting outside a dentist's office while he went inside, then getting into his car.
Detectives were able to trace the man using records from the dentist's office.

The killing shocked the tight-knit Jewish community in Brooklyn

When detectives arrived at Aron's flat and asked him where the boy was, he nodded towards the kitchen.
Police then saw blood on the freezer and opened it to discover knives, a cutting board and parts of Leiby's body.
State Assemblyman Dov Hikind, who represents the area of Brooklyn in which Leiby lived, said: "Leiby is my son, your son, and everyone's son, everyone got it, the tragedy, of what unfolded here during those days.
"The Kletzky family is said to be happy that at least there will be closure in the criminal aspect of this tragedy.
"They're strong, tremendous faith in God, but not easy, you know, someone is always missing from the table."

CWT YATAMKA WALIMU KUENGULIWA KATIKA SENSA

Kabla ya kuanza kwa mgomo wa walimu, Mwenyekiti wa Tume ya Sensa na Makazi aliwatangazia watanzania kuwa jumla ya walimu 150,000 sawa na asilimia 75 ya walimu wote watashiriki katika zoezi la sensa ya watu na makazi.

 Kutokana na mgomo wa walimu baadhi ya wakuu wa mikoa na wilaya wamewaondoa walimu kwenye zoezi la sense kwa kile kinachoonekana kuwa ni maagizo kutoka ofisi ya Waziri Mkuu.

Kwa mujibu wa taarifa ya rais wa CWT Mwl. Gratian Mukoba, serikali iliorodhesha majina ya walimu waliogoma na viongozi wa CWT kwa maelekezo yanayodaiwa kutolewa na Kaimu Katibu Mkuu TAMISEMI Mwl. Jumanne Sagiti.

Kutokana na hatua hiyo, Chama kinawaomba wanachama wake waliogoma na kuondolewa kwenye sensa kutokata tamaa kwa kukosa pesa ambazo zingewasaidia kwa muda wa wiki moja tu.

Badala yake wajitambue kuwa uboreshaji wa maslahi yao utatokana na wao wenyewe.

JK: Kuhudhuria Mazishi Ya Aliyekuwa Rais Wa Ghana John Evans Atta Mills Leo

Rais Jakaya Mrisho Kikwete akiwasili katika uwanja wa ndege wa Kimataifa  jijini Accra, Ghana, kuhudhuria mazishi ya aliyekuwa rais wa nchi hiyo Marehemu John Evans Atta Mills anayetarajiwa kuzikwa leo Ijumaa Agosti 10, 2012.

                                                        PICHA NA IKULU

DALA DALA LATEKETEA KWA MOTO BUGURUNI MCHANA WA JANA

Daladala aina ya Isuzu Journey likiwaka moto maeneo ya Buguruni Rozana  mchana wa jana Hakuna mtu aliejeruhiwa wala kupoteza maisha katika moto huo ambao chanzo chake hakikujulikana mara moja.

HUYU JAMAA NOUMAH AISEE DAAAH

Usain Bolt akiangalia medali yake ya dhahabu baada ya kushinda jana katika mbio za mita 200 ikiwa ni dhahabu yake ya pili katika mashindano yanayoendelea ya Olympiki.

 Aliachukua kamera toka kwa mpiga picha na kuanza kupiga picha kwa mashabiki na kwa mwanariadha mwenzie Blake alieshika nafasi ya pili hiyo jana.

Blake akitunisha misuli huku akipigwa Picha na Bolt katika moja ya vituko walivyofanya baada ya kuweza kushinda medali hiyo jana usiku,Blake alishika nafasi ya Pili nyuma ya Bolt.

Blake akiendelea kuonyesha vimbwanga kwa Mpiga picha Usain Bolt hali iliyowavutia watazamaji waliokuwa wamejaa uwanjani hapo na kutumbuizwa kwa muda na wawili hao baada ya kushinda medali..

 

Furaha ya ushindi hiyo 

Hivi ndivyo alivyomaliza mbio hizo jana baada ya kuweza kumaliza kwa 19.32 katika mbio za mita 200 ambapo alishindwa kidogo tu kuifikia rekodi yake mwenyewe ya Beijing ya 19.30

 

 Namba 1,2,3 zilishikwa na wanariadha wote toka nchini Jamaica 

 Trademark kama kawaida huikosi hiyo.....

 

Hiyoo sasa utamshika kweli huyoo...balaaa

 

 Yohan Blake, Usain Bolt na Warren Weir wakisherehekea ushindi wao kwa kunyakua nafasi ya l 1-2-3 kwa nchi yao  Jamaica 

 Usain Bolt usiku wa Alhamisi alifanikiwa kuwa mwanariadha wa kwanza katika historia ya michezo ya Olimpiki, kuweza kuutetea ubingwa wake kikamilifu katika mbio zote fupi, mita 100 na vile mita 200.

Read more: http://www.dailymail.co.uk

Usain Bolt aandikisha historia London

Bolt aliwaongoza wanariadha wenzake wa Jamaica katika kutwaa medali zote tatu za mbio za mita 200

Usain Bolt usiku wa Alhamisi alifanikiwa kuwa mwanariadha wa kwanza katika historia ya michezo ya Olimpiki, kuweza kuutetea ubingwa wake kikamilifu katika mbio zote fupi, mita 100 na vile mia 200.

Bolt aliwaongoza wanariadha wenzake kutoka Jamaica katika kunyakuwa medali zote tatu katika mashindano hayo ya mita 200.
Muda wa Bolt katika mashindano hayo ulikuwa ni sawa na ule wa Michael Johnson katika mashindano ya Atlanta, na uliokuwa muda bora zaidi wa dunia wakati huo, wa sekunde 19.32.
Mwanariadha ambaye hufanya mazoezi na Bolt, Yohan Blake, alipata medali ya fedha, huku Warren Weir akichukua ya shaba.
Blake alikuwa amemshinda Bolt katika mashindano ya Jamaica ya kufuzu kushirikishwa katika mbio za London, lakini Blake hakuwezana na kasi ya Bolt wakati huu.
"Hili ndilo jambo ambalo nililitaka, na nimefanikiwa kulipata. Ni fahari kuu kwangu," mwanariadha huyo mwenye umri wa miaka 25 aliielezea BBC.
"Baada ya msimu mgumu, nilifika hapa na kufanikiwa. Nilidhani kuvunja rekodi iliwezekana. Nafikiri nilikuwa kasi, lakini sikuwa katika hali nzuri ya kuridhisha."
"Nilihisi mgongo wangu ulilemewa kidogo, kwa hiyo kile nilichofanya kujaribu kuendelea kwa kadri. Mimi ninazingatia kazi yangu sana, na michezo ya London ilikuwa ni muhimu sana kwangu."

Rudisha arudisha fahari ya Kenya

David Rudisha ameandikisha rekodi mpy katika mbio za mita 800

Mkenya David Lekuta Rudisha ameibuka kuwa mwanariadha wa kwanza kuandikisha rekodi mpya kwenye mashindano ya riadha katika michezo ya Olimpiki, inayoendelea jijini London Uingereza na kisha kushinda medali ya dhahabu katika mbio za mita mia mbili.

Akiwa anashiriki fainali ya michezo ya Olimpiki kwa mara kwanza, Rudisha mwenye umri wa miaka 23 alinyakuwa ushindi huo kwa kuwa mtu wa kwanza kukimbia umbali wa mita mia nane kunako dakika 1, sekunde 40 nukta 91.
Mwariadha wa Botswana Nijel Amos, umri 18, alinyakuwa medali ya fedha huku chipukizi mwingine kutoka Kenya Timothy Kitum, akiridhika na medali ya shaba.
Mwingireza Andrew Osagie alimaliza katika nafasi ya nane lakini akaweza kuandikisha muda bora wa dakika 1:43.77.
Rudisha ambaye ni bingwa wa dunia aliongoza katika mbio hizo tangu mwanzo hadi mwisho na kuwaacha wanariadha wenzake kwa tofauti ya sekunde 49.28. Kisha akafyatuka katika hatua za mwisho mwisho na kuivunja rekodi yake mwenyewe.
Huku kila mwanariadha akiwa na msukumo wa kasi ya rudisha, ni Abubakar Kaki wa Sudan tu ndiye aliyeshindwa kuandikisha muda wake bora licha ya kukamilisha mbio hizo katika nafasi ya saba.
Rudisha ameiambia BBC: "Lo! Nimefurahi sana. Huu ni wakati ambao nimekuwa nikisubiri kwa kipindi kirefu. Kuja hapa na kuivunja rekodi ya dunia ni kitu ambacho bado sijaamini.''
" Nilikuwa nimejiandaa na sikuwa na shaka kwamba nitashinda. Leo, hali ya anga ilikuwa nzuri na niliamua tu kuparamia taji hili."
Ushindi wa Rudisha bila shaka ni habari njema kwa Kenya ambayo kinyume na matarajio, ilikuwa imeandikisha matokeo duni katika michezo hiyo ya Olimpiki kwa kuwa na medali moja pekee ya dhahabu.