The Citizen (Dar es Salaam)
Bernard James
9 July 2009
Dar es Salaam tycoon Jeetu Patel is suing the Government and media mogul Reginald Mengi in a bid to have corruption charges against him and three others dropped.
Mr Patel and three fellow city businessmen accused in a Sh133 billion fraud case, are arguing that their constitutional right, which stipulates that one is innocent until proven guilty, has been violated.
In a suit filed in the High Court on June 4, the businessmen want the criminal charges discontinued because they fear that they will not be given a fair hearing.
They argue in their suit that they have already been condemned without being heard through the intense media coverage of the allegations against them, citing a press conference addressed by Mr Mengi, the executive chairman of IPP Media.
The four state that the Government filed the charges after they had been portrayed in the media as being corrupt and that the public perception of them was that of guilty people just waiting to be jailed.
The businessmen, who have been charged with illegally obtaining over Sh22 billion in the Sh133 billion External Payment Arrears (EPA) account scandal of the Bank of Tanzania (BoT), are seeking a constitutional interpretation to declare as null and void the charges against them.
Jeetu, whose real name is Mr Jayantkumar Chandubai Patel, has Attorney-General Johnson Mwanyika, the Director of Public Prosecutions Eliezer Feleshi and Mr Mengi as the respondents the constitutional case.
Mr Patel, Mr Devendra Vinodbhai Patel, Mr Amit Nandy and Mr Ketan Chohan first appeared in court last November, charged with nine counts of conspiracy, fraud and theft of Sh22 billion from BoT. They denied the charges.
The petition revolves around a press conference convened by Mr Mengi in April, during which he named five people, including Mr Patel as "mafisadi papa" (corruption sharks) and called on the Government to take tough action against them.
The petitioners say the words, which were picked up and broadcast by the media condemned them. They claim that the reports created a public perception of guilt and influenced their charging in court.
"Our protestation to innocence has been compromised," they argue in court documents filed through Marando, Mnyele & Company Advocates, the Professional Centres Advocates and Trustmark Attorneys, all of Dar es Salaam.
The three have sought a declaration that the remarks made by Mr Mengi and others violated their constitutional rights and has resulted in a mistrial of the criminal cases facing them.
" that such condemnation has influence the public, including the numerous trial magistrates who constitute the magisterial panels to try their cases. In the premises no fair trial can be had in the cases in which we stand arraigned, hence a mistrial," the noted.
The petitioners accuse the DPP of failing to terminate the criminal proceedings against them "despite having power and discretion to do so".
The basis of the petitioners' case is Article 13 (4) (5) and 6 (b) of the Constitution, which lays accent on equality before the law. Article 13 (6) (b) states that no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence.
The businessmen has also sought a declaration that the DPP had a duty to terminate the criminal proceedings against them soon after it emerged that "a mistrial had been occasioned by the impugned publications".
They cite newspapers and TV stations which published reports before and after their arraignment and which they claim condemned them unheard. They argue that the publications portrayed them as thieves, looters, fraudsters and notoriously corrupt people.
"Our pictures and names invariably appeared in newspapers that carried the publications, hence a systematic prelude to our arraignment as"guilty men".
It is contention that publications created a picture that "we were already guilty people who were being sent to court only to be punished, not for the truth to be sought.
They further argue that Mr Mengi's press conference televised on his ITV channel and later reported on and commented on by various newspapers "buttressed and compounded our image of guilty men before the general public".
Should the subordinate court finally find them not guilty, "the already prejudiced general public will lose faith in court as it will be deemed to have been corrupted by us".
The petition adds: "The action of the Judiciary forming panels of three magistrates to hear our cases is evidence of the judgment of the public that we are likely to corrupt individual magistrates."
At the April press conference, Mr Mengi read out the names of five businessmen he declared to be "corruption sharks."
The Government was forced to intervene after Igunga MP Rostam Aziz, who had been named by Mr Mengi, came out to defend himself and accused the media owner of being corrupt himself.
The minister of State for Good Governance in the President's office, Ms Sophia Simba, criticised Mr Mengi, saying he had condemned the businessmen unheard, owing to what she perceived were personal interests.
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Reginald Mengi IPP Media. Journalistic Terrorism
Of course the men's constitutional rights have been violated in respect of a free trial. Reinald Mengi is a self confessed philathropist but thereality is, he uses and auses his media for his own ends.
For years IPP Media executive chairman Reginald Mengi has underscored the need for journalists to abide by professional ethics and respect for truth and privacy. Addressing a news conference in his office in Dar es Salaam on 10th April 2009 Mengi accused newspapers '.........sponsored by corrupt suspects, of relentlessly publishing stories full of mischief and falsehoods ...' about him and his family.
Given these statements one would expect that Mengi would be particularly mindful of the conduct of IPP Media given, as chief executive officer he is ultimately accountable for the journalistic practices of the group.
In May 2004, Benjamin Mengi, Reginald Mengi’s brother, assigned (through Fiona Tanzania Ltd) the lease to Silverdale & Mbono Farms (Hai District) to British investor Stewart Middleton (Silverdale Tanzania Ltd) in full compliance with the laws of Tanzania. In May 2005, Mengi began negotiating with another British investor Konrad Legg (Tudeley Estates) to sell the lease to him a second time and demanded the lease back. He then claimed he had not been paid in full despite, signing a receipt.
The investors allege, that when they refused to hand the lease back to Mengi, they were then subjected to legal abuse, violence and intimidation at the hands of Mengi and State institutions particularly the police ad judiciary. A background of what is now known as they 'Silverdale Case' can be read at:-
http://www.theyworkforyou.com/whall/?id=2008-02-27b.272.0
An objective examination of IPP Media’s ‘investigative’ and ‘accountable’ journalism in respect of the 'Silverdale Case' reveals a worrying story in relation to IPP Media's conduct which shows little or no regard for good journalistic practice or indeed, that Mengi is prepared to practice what he preaches in respect of journalistic ethics.
On 22nd November 2005, the Guardian and Nipashe newspapers accused Mr. Middleton of issuing a dud cheque to Benjamin Mengi for $7,000 and that he and his Tanzanian Technical Manager had forged the lease to Silverdale & Mbono Farms.
http://www.ippmedia.com/ipp/nipashe/2005/11/22/54489.html
There is no offence of issuing a ‘bogus’ cheque under the Penal Code of Tanzania, no charge sheet was produced in court and when it was produced the charges were clearly forged at the hands of Inspector Janeth, of the Moshi police and Benjamin Mengi as they complainant. No formal arrest had been made of the men who were denied legal representation. Investigative journalism would have established and revealed these simple facts. It did not. Further, IPP Media did not report the fact that the Director of Public Prosecutions withdrew all charges against the men when he had been apprised of the facts of the complaint.
On 19th January 2006, the Guardian and Nipashe Newspapers accused Mr. Middleton of stealing articles of equipment from Silverdale & Mbono Farms and destroying structures and uprooting coffee trees. It repeated again (after all charges had been dropped by the DPP) the fact that Mr. Middleton was accused of issuing a fake cheque to Benjamin Mengi and of forging the lease to Silverdale & Mbono Farms. It also stated that Benjamin Mengi had taken possession of Silverdale & Mbono Farms.
http://www.ippmedia.com/ipp/guardian/2006/01/19/58115.html
The publications did not state, that Mr. Mengi’s application to have the investor evicted from the farms was dismissed by the High Court Moshi (Lands Division) by Hon. Kileo or that no criminal charges were pending against the investor or his staff (Land Case 1. 2006). On 24th May 2006, the Guardian accused Mr. Middleton of preventing a court entourage onto his home Silverdale Farm, stating that the purpose of the visit was to allow doctors to exhume bodies of animals kept on the farm by Mrs Millie Mengi.
http://www.ippmedia.com/ipp/guardian/2006/05/24/67061.html.
Mrs. Millie Mengi has issued a civil plaint against Mr. Middleton accusing him of killing her animals kept unlawfully on Silverdale Farm and of forging a quarantine order issued by Zonal Veterinary Officer Dr. Swai in March 2006 who declared the animals to be suffering from Foot & Mouth Disease and imposed a Quarantine order on the animals. The publication did not state the fact that Mr. Middleton was not present on the farm when the entourage led by Mengi attended, that the court order was issued before the hearing for the order and that Mrs. Mengi had no lawful right to keep animals on the farm and could remove them at any time she wished.
On 20th July 2006, Mr. Middleton was once again arrested on allegations brought against him by Mrs. Millie Mengi. This time he was accused of breaching a civil court order. Mr. Middleton was brought before the court, refused bail and sent to Karanga Prison by Moshi Resident Magistrate, Temu and held in a prison cage outside the High Court in Moshi. IPP Media reported the arrest and imprisonment the following day. http://www.ippmedia.com/ipp/nipashe/2006/07/20/70739.html
The Daily News reported on July 26th, 2006, that the High Court in Moshi ordered the immediate release of Mr. Middleton ruling that there was no evidence to support his arrest. IPP Media publications did not report these facts. On 3rd February 2007, the Guardian newspaper accused four members of Mr. Middleton’s staff of attacking one Salim Habib, an employee of Benjamin Mengi with Pangas on Silverdale Farm without reason. The publication further stated that Mr. Middleton had stood by and watched the assault. This information was also broadcast on IPP Media Radio 1 Network. IPP Media newspaper the Nipashe carried a further article some days later stating that Mr. Middleton’s staff were now ‘on the run’ having absconded from bail. As a matter of public record, this was a blatant lie.
As a matter of public record, no member of Mr. Middleton’s staff had been arrested however, Salim Habib Mengi’s cattle manager had been arrested and charged with Malicious Damage by driving forty head of adult cattle belonging to Mrs Millie Mengi onto a two hectare field of commercial maize on Silverdale Farm destroying crops and causing $20,000 of damage.
IPP Media did not report this.
On 11th April 2007, the Guardian and Nipashe newspapers reported that Mr. Middleton and his wife had been ordered to pay 90m/-for defamation, based on comments accredited to them in the Daily News on June 2006.
http://www.ippmedia.com/ipp/nipashe/2007/04/11/88175.htm
One would think, that being fully apprised of the laws of Libel that IPP Media would know, that in cases of Libel, only the writer, printer and publisher of the material could be sued. As such, the case and the judgment were completely outside of the courts powers. IPP Media did not print this or the fact that the investor’s lawyers Moshi advocate Westgate Lumambo had deliberately failed to file a defence in the case, which was heard without Mr. Middleton being present in court.
The publication stated, that Mr. Middleton had accused Benjamin Mengi of bribery and corruption. In fact, the person accredited by the Daily News with these remarks was Dr. Juma Ngasongwa Minister for Empowerment, Investment& Planning. IPP Media did not state this or the fact that he had not been sued. A rather surprising mistake by IPP Media ?
Instead of demonstrating a commitment to investigative journalism with a commitment to fighting corruption and good governance, the above media practice amounts to nothing short of a cowardly, deliberately inaccurate and abusive attack on the British investors, which appears to be nothing short of journalistic terrorism.
All the publications are couched in a language of suspicion and unqualified accusations of guilt against Mr. Middleton and his staff. No right of reply was ever given and all viciously attack Mr. Middleton’s commercial interest and reputation, not only in Tanzania but worldwide given the articles were published on the Internet.
In November 2005, Reginald Mengi gave his personal assurance to former British High Commissioner to Tanzania Andrew Pocock that IPP Media would not engage in defamatory practices against the British investors in the 'Silverdale Case'.
Clearly he did not keep his promise.
The moral of the story is, if you live in a glasshouse, don't throw stones.