THE Kisutu Resident Magistrate's Court in Dar es Salaam refused to alter the bail conditions in the case facing the former JATU PLC Chief Executive Director, Peter Gasaya, on grounds that the law restrained the Court's jurisdiction to do so.
The stance was taken yesterday by the Principal Resident Magistrate, Mary Mrio, when the case was called to issue the decisions, following the applications submitted by the defense lawyers to request the change of bail conditions.
Magistrate Mrio argued that the bail conditions cannot be changed, and if there is any further disagreement with the choice, the parties should take their case to the High Court.
After giving citing the stance, Magistrate Mrio adjourned the case until March 13ththis year, for another mention.
On February 16th this year, the court pushed back the case until yesterday, following the request from the prosecution, which asked for dismissal request to amend the terms of the bail by the defense, claiming that the court cannot reverse the order it imposed on itself.
The prosecution led by the State Attorney Caroline Matemu further claimed before the Principal Resident Magistrate, Mary Mrio, that the request was invalid.
In the previous session on January 14th this year, the efforts to bail out the accused hit a wall.
His lawyers, led by Kung'e Wabeya continued to pursue the court to set favorable conditions for their client.
Wabeya said he clearly knows that the aim of the court setting the conditions is to ensure that the accused arrives in court when needed, but they were asking the court to set affordable conditions for their client so that he can fulfill them and get the bail.
The bail conditions requires the defendant to submit a cheque for 2.6bn/- or a title deed of immovable property with that value, as well as having two legally recognised sureties.
The guarantors are also required to sign for half of the assets mentioned in the indictment or submit a deed of assets worth 2.6bn/-, and that the deed will have to be verified first before being presented in court.
The accused first appeared before the Kisutu Resident Magistrate's Court on December 29th last year, charged with fraud totaling over 5bn/-..
