Mattaka case adjourned for lack of prosecution witness

                                                                                       David Mattaka

The Kisutu Resident Magistrates’ Court yesterday adjourned hearing of an abuse of office case involving former Air Tanzania Company Limited (ATCL) managing director David Mattaka and two others until July 13, this year.

Before adjournment of the case the prosecution, led by State Attorney Oswald Tibabyekomya, had informed the court that the case had came up for hearing but they didn’t have a witness to testify, and so asked the court to set another hearing date.

The case was adjourned by Resident Magistrate Ritha Tarimo, who presides over the case, to July 13, this year, when it comes up for hearing

Apart from Mattaka, the other co-accused are Elisaph Ikomba, who is ATCL’s acting chief financial officer, and William Haji, the airline’s chief internal auditor.

The case revolves around the procurement of 26 units of used motor vehicles of different makes from an Emirates-based company in alleged violation of procurement laws and regulations.

On the first count it is alleged that on diverse dates between March and July 2007 in Dar es Salaam, the accused, together with other unknown persons, conspired to abuse their positions.

On the second count it is alleged that between June and July 2007 in the city the accused, being managing director, acting chief financial officer and chief internal auditor of ATCL, respectively, in discharging their duties, intentionally abused their positions by floating a tender to supply to ATCL 26 units of used motor vehicles tender without the approval of the ATCL tender board.

On the third count it is alleged that, on diverse dates between July and August 2007, the accused abused their positions by procuring, without conducting competitive tendering, 26 units of used motor vehicle at USD 809,300 from Bin Dalmouk Motors, a company based in Dubai, in the United Arab Emirates.

Further, it is alleged that on the same date and place, the accused, while discharging their duties, intentionally abused their positions by purchasing for and on behalf of ATCL, a company wholly owned by the government of the United Republic of Tanzania, the 26 units of used motor vehicles at USD 809,300 from the said Bin Dalmouk Motors Company.

On the fifth count it is alleged that Mattaka, Ikomba and Haji, on diverse dates between 2 July and 23 August 2007, abused their positions by authorizing payment for the purchase of the said cars from the said company without there being a formal procurement contract between ATCL and Bin Dalmouk Motors Co. Ltd which was signed by the parties and ratified by the competent state attorney.

On the last count it is alleged that between July 2007 and December 2011, the accused, being employees of ATCL, by reason of their failure to take reasonable care, procured 26 units of used motor vehicles without having a budget for the procurement of the same, an omission which caused ATCL to suffer a pecuniary loss amounting to USD 143,442.75 that the company incurred as storage charges for failure to timely pay import duties for the said motor vehicles and bank interest on the loan advanced for the acquisition of the vehicles.


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