THE Kisutu Resident Magistrate's Court on Wednesday threatened to dismiss the charge against businessman Emmanuel Alex Massawe, who allegedly siphoned 466m/-, from Mohamed Enterprises Tanzania Limited (MeTL) intended to buy green moong (choroko).
The accused Massawe is said to have committed the crime in January this year, and since then he escaped to the United States.
Principal Resident Magistrate Huruma Shaidi told the prosecution when the trial came for mention that more than 60 days have already passed since the alleged fugitive was arraigned, but no efforts have been shown to bring him to face justice.
"This charge was filed in court in April 2021, but where is the accused person? How can you file a charge without the accused? I grant the last adjournment.
I will dismiss the charge if no efforts are made to bring the accused person," the magistrate warned. He adjourned the case to September 2, 2021. In response to the concern by the magistrate, State Attorney Ester Martin, for the prosecution, informed the court that it was normal for a charge to be preferred against an accused person and later filed in court in his or her absence.
"Your Honour, you cannot seek arrest warrant against an accused without having a charge sheet filed in court because it is one of crucial legal documents that must be attached to extradition proceedings," the trial attorney submitted.
She, therefore, pleaded with the court to give the prosecution time as efforts were being made to initiate the extradition of the accused person to face the charge that has been filed in court against him.
In the trial, Massawe, a resident of Msasani General Tyre area in Dar es Salaam is charged with one count of stealing by agent, an offence which is alleged to have been committed on January 29, 2021 at the office of the company within the city.
The prosecution charges the accused person that on the day in question, being engaged by Mohamed Enterprises Tanzania Limited as a Consultant to deliver green moong, commonly known as choroko, Massawe stole the 466m/-, the property of the local giant company.