Corpun file 18678
Daily News, Dar es Salaam, 15 December 2006
NBC robbers sentenced to 30 years jail term
By Peter Temba in Moshi
FOUR people were, on Wednesday, sentenced to 30 years in jail
and 12 strokes of the cane each, after they were convicted of
conspiracy to commit a crime and participation in an armed
robbery at NBC Limited, Moshi branch, in which 5.3 bn/- was
stolen on May 21, 2004 at around 3.00 pm.
The convicts are Jackson John ole Nemetemi, Benjamin Julius Dia,
Kevin Julius Dia and Jacob Raphael Kallaghe.
The trial Resident Magistrate, Amir Mruma, also sentenced two
other accused persons - Happy Memei Laizer and Evelyn Mlaki - the
sister-in-law of ole Nemetemi - to three years imprisonment each,
for being found in possession of stolen or illegally acquired
Mr Mruma, who was among 20 High Court judges appointed by
President Jakaya Kikwete recently, acquitted eight other accused
persons - four ex-policemen and four civilians - for lack of
sufficient evidence to implicate them in the robbery, which
involved the biggest amount of money ever stolen in a banditry
incident in the history of Tanzania so far.
Those who were set free included ex-police constable Mohamed,
ex-PC Stide, ex-PC Seif and ex-PC Jovin, Happy John Mlaki, the
wife of ole Nemetemi, Grace Adriano, Asina Abdallah and Ramadhani
Of the stolen cash, 175,777,732 /- was property of NBC, while
5,144,000,000 /- belonged to the Bank of Tanzania (BoT) as the
Moshi NBC branch is one of the BoT's Safe Custody Centres in the
In his seven-hour judgement, which started at 1.15 pm and ended
at 8.30 pm, Mr Mruma rejected alibi defence by ole Nemetemi as he
was properly identified as one of the bandits who raided the bank
by the NBC workers, including the Branch Manager, Mr Emanuel
Katema, who was the first prosecution witness.
The magistrate further observed that generally the defence of the
four convicts was inconsistent, falsified and glossed with
contradictions, adding that the prosecution proved their case
beyond reasonable doubt that the convicts conspired with aliens,
who are still at large, to commit the offence.
He said the fact that Evelyn received a parcel in which 47.8m/-
was stuffed and later decided to send it to her friend,
Mwanahamisi Shabani, to hide, indicated that the former knew what
was inside the parcel which was dispatched to her by ole Nemetemi
through his wife.
The magistrate said Laizer received a Suzuki Escudo, with
registration number T206 ACU, from ole Nemetemi, knowing or
having reason to believe that the same was acquired through the
stolen money from NBC Moshi.
Turning to the two policemen, who were on guard at the time of
the robbery - ex-PC Mohaned and ex-PC Stide, the magistrate
exonerated them because according to bank regulations, the guards
have no mandate to search customers who walk in and out of the
bank, adding that the guards were not informed about corporate
customers who are allowed to bring their money-carrying vehicles
inside the bank premises.
The other two policemen - Seif and Jovin - were implicated in the
robbery simply because their domestic workers were found in
possession of currency notes bearing serial numbers of some of
the stolen money from the bank, saying after the banditry, the
stolen money was inevitably in circulation.
Mr Mruma ordered that over 158m /- which was seized from the
convicts by the police investigators be sent back to NBC Moshi
and that all impounded items be auctioned by a competent and
reputable auctioneer and the proceeds be forfeited to NBC.
Sentencing the convicts, the magistrate observed that armed
hold-up were [sic] unprecedented in the country and courts of law were
bound to impose deterrent penalties to discourage further
commission of the crime.
The prosecution, which summoned 61 witnesses, was represented by
the Deputy Director of Public Prosecution, Mr Augustine Shio and
Yoanne Massara while the accused persons were represented by
Arusha-based private lawyers, Loom Ojare and Mediun Mwale.
Ojare told the court that his convicted clients intend to appeal
against both conviction and the sentence.
During delivery of the verdict security was very tight with riot
police in full combat gear in strategic positions around the
court premises. Florida Road was temporarily closed to allow a
big crowd to hear the judgment through public address system.
Plain clothes police men and women were also in place assisted by
police on horseback and police dogs to ensure that peace and
tranquility prevailed during the court session.
@ TSN 2006 All Rights Reserved
Corpun file 18685
The Guardian, Dar es Salaam, 26 December 2006
Court's watchman jailed 30 years
By Gideon Mwakanosya
The Mbinga District Magistrate`s Court in
Ruvuma Region has sentenced two accused persons including a
watchman of the court, to 30 years in jail each and 12 strokes of
the cane after they were found guilty of three counts of armed
The convicts are - Eliasi Ndimbo (36), a resident of
Matarawe area in Songea Municipality and a watchman, Erasto
Nchimbi miaka (26), who was employed by Mbinga District Council.
Earlier, the prosecution assistant inspector of Police,
Abdallah Mkandambela, claimed before the Senior Resident
Magistrate of Mbinga District Court, Maximiliani Malewo, that at
around 6am on December 21, at Mihango Village in the district,
Ndimbo and Nchimbi robbed Bosko Hyera of 18,000/- in cash.
Before robbing him they threatened the victim with a gun.
Mkandambela further alleged that at around 8 am on the same day
after the robbery, the accused were arrested in the same village
in unlawful possession of a loaded short gun with registration
Sentencing the duo, Senior Resident Magistrate Maximiliani Malewo
said in his 50 minutes judgment that the court was satisfied with
evidence adduced before it by the prosecution showing apparently
that the accused persons openly and beastly committed the
offences as charged.
In elaboration, Malewo said the accused, who were facing three
counts of armed robbery with violence, were found to be in
illegal possession of a loaded gun.
The Magistrate told the court that since the accused behaved
beastly, the court would issue a stern sentence as deterrence to
He, therefore, sentenced Ndimbo and Nchimbi in the first count to
serve 30 years in jail and 12 strokes of the cane each, and on
the second count, each convict was sent to jail for 15 years
while in the third count they were jailed 15 years each. The
sentences will run concurrently.