Security Group case in Dar: Court told first accused admitted stealing

A prosecution witness in an armed robbery and USD2m Security Group theft case, told a court in Dar es Salaam that the accused, Benjamin Luoga, confessed to have committed theft.

The witness said the accused showed them an iron box he had hidden at Wazo to securely keep his share of the proceeds arising from theft. The dollars belonged to Security Group.

ASP Jason Mtinya (42), was giving his testimony in Kisutu Resident Magistrate`s Court before Principal Resident Magistrate Sivangilwa Mwangesi.

He was led by Inspector Maximillian Birigi and assisted by Inspector Hudson Ndusyepo and Assistant Inspector Boniface Edwin.

The witness said his superiors called and instructed him on October 20, 2005 at Oyster bay police station to join a team of investigators to an incident of armed robbery and theft that occurred at Security Group.

He said they started the investigations at the scene of the incident, only to find that the whole dramatic incident was recorded by a CCTV security camera.

However, ASP Mtinya claimed that he was more interested in the person he had seen riding a bike on several occasions on the compound of Security Group, who upon investigation, was found to be the first accused Benjamin Luoga.

He claimed that when the accused reported for work they called him for interrogation and he confessed to have committed the offence he was charged with.

The accused told them he had dug a hole at Wazo in the city in an unfinished house and placed an iron box therein. The iron box was dug in there to be used to securely keep his share.

After his testimony the prosecution asked the court to be allowed to tender the box as exhibit.

However, defence lawyer, Mpare Mpoki prayed the court not to accept and admit the evidence on grounds that the law was not followed by the police in the course of acquiring the steel box as they had no search warrant.

Inspector Birigi argued that there was no need for the issuance of a search warrant as the accused had confessed and was the one who showed the police where the steel box was.

Moreover, they could not have raised the said warrant as they did not know the location in question.

Advocate Mpare further claimed that the provision of the Criminal Procedure Act required that the police have a search warrant regardless of the circumstances because they could bring any box before the court and attribute it to the accused.

At that juncture, the court adjourned the case until October 16, this year when it will rule on whether or not it should accept and admit the steel box as exhibit to form part of the prosecution evidence.

The accused are Benjamin Luoga, Sober Kaleya, Reward Mjema, Michael Mohamed, Ijumaa Mohamed, Muharami Mohamed, Athuman Mtela, Shida Kingondoro and Sixtus Ngowi.

They are alleged to have conspired to steal at the offices of Security Group situated at Msasani in Kinondoni District in Dar es Salaam. They are also charged with stealing more than USD2m after threatening employees with guns.