THE Kisutu Resident Magistrate's Court in Dar es Salaam has sentenced former Public Prosecutor, Inspector of Police Leslie Koini to three years in jail for corruptly obtaining 200,000/- as an advantage from an accused person.
Senior Resident Magistrate Augustine Mbando gave the 38-year-old ex-trial attorney an alternative sentence of paying 700,000/- fine after convicting him of one count of corrupt transaction on his own plea of guilty.
The magistrate took into consideration the aggravated and mitigation factors presented by both the defence and prosecution before imposing the sentence, but she was quick to point out that the offence committed was very serious and has advance impact in the economy as well as the rule of law.
During the mitigation, the prosecution led by an officer with the Prevention and Combating of Corruption Bureau (PCCB), Odessa Horombe, asked the court to punish the convict severely in order to serve as a lesson not only to him, but also to others who would be tempted to commit a similar offence.
She submitted that bribe is an intolerable offence by considering the effects in the society in dispensation of justice.
The prosecutor further appealed to the court to look into the position of the convict in assessing the appropriate and deterrent sentence.
When presenting aggravating factors, Advocate Emanuel Mkali, for the convict, asked the court to be lenient to his client, considering that he is a first offender and that he is a victim of circumstances.
He submitted that his client never solicited for the bribe, and even the solicitor did not intend to benefit him. According to him, since it was a trap, the convict could not know the purpose of the money he was receiving.
He submitted further that his client has exhibited the highest degree of honesty and offered to cooperate not only with the PCCB but also with the court to save time and any other inconveniences.
The prosecution had told the court that on May 8, 2018 at Temeke District Court, within Temeke District, being employed by the police force as Public Prosecutor, Koini corruptly obtained an advantage of 200,000/- from Mussa Abdallah.
Such amount, the prosecution said, was an inducement to assist Mr Abdallah to escape from liability in his traffic case, a matter which was in relation to his (Koini) principal's affairs.
In the case, the ex-police officer was charged jointly with a Court Clerk, Itialy Omary, who has not been arraigned.
The magistrate issued an accused summons for her to show up on November 28, 2019 and answer similar charges before the court.