THE Kisutu Resident Magistrate's Court in Dar es Salaam yesterday set free seven out of 12 people who were allegedly charged with damaging a fuel pipeline at Kigamboni area destined for the Tanzania Ports Authority (TPA).
Principal Resident Magistrate Thomas Simba discharged the accused persons after the Director of Public Prosecutions (DPP) entered "Nolle Prosequi" certificate in their favour that he will not continue prosecuting them on the offences they were facing.
They include a former staff with Tanzania Zambia (TAZAMA) Oil Pipeline Company, Samwel Nyakirang'ani , Nyangi Mentaro, a primary school teacher, Farijia Ahmed, a businesswoman, Malaki Mathias, Kristomsi Angelusi and Henry Fredrick, all businessmen, and Pamfili Nkoronko, a mason.
Senior State Attorney, Patrick Mwita presented the certificate on behalf of the DPP under section 91 (21) of the Criminal Procedure Act (CPA). However, the prosecution informed the court that the case will continue against the remaining five accused persons.
They are Audai Ismail, Chibony Emmanuel, Roman Simba, Amina Kamona and Zubery Ally. The magistrate adjourned the case to February 21, 2018 for another mention pending other legal arrangements.
It is alleged that between 2015 and January 8, 2018, at Tungi Muungano area within Kigamboni District in the city, jointly and together, all accused persons connected their one inch diameter stainless steel pipeline without consent of the licensee, the TPA.
Nolle prosequi is a legal term meaning "be unwilling to pursue", or "do not prosecute". It is a phrase used in common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered.
It is alleged further that within the same period and place in Kigamboni District in Dar es Salaam, jointly and together, the accused persons perforated and damaged a 24 inch diameter pipeline, the property of TPA, used for supply of diesel fuel.
Within the same period and place at Kigamboni District in the city, jointly and together, all the accused persons allegedly perforated and damaged a 28 inch in diameter pipeline, the property of TPA, used for supply of crude oils.