Two drug dealers condemned to 22 years imprisonment

 
HIGH Court in Dar es Salaam yesterday convicted two foreigners of drug dealing and sentenced them to 22 years in jail and payment of 3.7bn/- fine.

Before Judge Winfrida Koroso were Diaka Brama Kaba, a Guinean national and his Liberian accomplice Abunakar Ndjane who were convicted of dealing in 31 packets of 31,000 grams of heroin, the narcotic drugs.

Justice Koroso upheld the prosecution charges, supported by evidences that the 11 witnesses adduced. During the trial, the prosecution also tendered 14 documentary exhibits to prove the charge against the accused.

On the other hand, the defence summoned two witnesses, the accused themselves, to disprove the charges, tendering two exhibits. The judge ordered the state agencies to confiscate and immediately destroy the drugs involved in the case.

She directed the sentences to run co-currently to serve a lesson to other people, who might be tempted to commit similar offences.

The two foreigners were arrested at Julius Nyerere International Airport on June 23, 2010 by the Anti-Drugs Unit with two bags containing the illicit narcotic drugs. They were coming from South Africa aboard South Africa Airways.

Initially, the accused had refused to be searched claiming that they were diplomats, with immunity against security search.

Under Article 36 (2) of the Vienna Convention on Diplomatic Relations Act, 1961, personal diplomatic baggage is exempted from inspection by the receiving state.

This is extended to cover diplomatic boxes, which are transported from or to the diplomatic premises. But, the receiving state can conduct inspection of the baggage or boxes if it suspects them of containing prohibited items at the state’s own risk.

The officers from the anti-drug unit, acting on a tip-off from a Good Samaritan, forced the search to be conducted and found the convicts in possession of drugs. It was further established that the duo were not diplomats and could not enjoy any kind of immunity.

The trial is one of the cases, whose prosecution the office of the Director of Public Prosecutions, Judiciary and the police, particularly the anti-drugs unit, were accused of sabotaging to free the accused.

During the hearing of the matter, the prosecution was led by a team of trial attorneys, including Evetha Mushi, who is Principal State Attorney and two Senior State Attorneys, Veronica Matikila and Joseph Maugo. Three advocates, Yasin Memba, Joffrey Martin and Hajjira Mungula defended the accused.