15th May 2012
The case, which had came for ruling to see whether the court would strike it out after the defence's request to do so because the 60-day investigation deadline was over, was adjourned by Resident Magistrate Frank Moshi.
On the last mention, defence counsel Majura Magafu requested to the court to withdraw the case because the 60-day investigation had elapsed.
He claimed that for the prosecution side to say the investigation was incomplete was not enough, as the 60-day investigation had elapsed and they were supposed to file an application for extending time but although they had enough time to file the application they failed to do so.
“Your honour, we request to the court to withdraw this case and if the prosecution side will be ready the accused can be recalled,” Magafu claimed.
However, Mwangamile told the court that they had already filed a certificate for extending the time.
He said the claim raised by Magafu wanting the court to withdraw the case did not have any basis.
For his part, Magafu claimed they had no copy of the certificate and if there was any, it was out of time and was filed without the court’s permission.
According to the charge sheet, the accused committed the offence on August 8, this year.
It was alleged that on that date the accused did transport Abdusamadu Omary from Tanzania to Yemen under the pretext of overseas employment, while it was forced labour.
The accused is still in custody since the offence he is charged with is not bailable
SOURCE: THE GUARDIAN