AG appeals against court bail ruling
THE Attorney General (AG) Chambers in Geita Region has decided to appeal against a court’s ruling on bail conditions granted to a British national and three others, charged with unlawful use of Tailing Storage Facility (TSF) and failure to undertake environmental impact assessment certificate.
Recently, the Geita Resident Magistrate’s Court released on bail the accused persons, who are investors at Nyarugusu Gold Mine, on conditions of securing only one surety who was to sign a bond of 10m/.
“The set bail conditions are so lenient considering the seriousness of the offences. We are talking about human being’s life and other living organisms that are in danger, because of unlawful operation of tailing storage facility,” State Attorney Hezron Mwasimba, said.
He charged that though the court has its own ways of conducting its duties, the republic was concerned on such a decision, considering the gravity of the offences as compared to the conditions of bail imposed, of which he claimed are incompatible with the incident.
When granting bail to the accused persons, Resident Magistrate Kaliho Mrisho had pointed out that the offences, including that of disobeying lawful orders of the Director General of National Environmental Management (NEMC), Dr Vedast Makota, were bailable.
On his part, Advocate Leonard Silvanus, for the accused persons Julius Malemi, Ludovick de Ferrant, Fredrick Masanja and Alex Noni, pointed out that he could not see any objection to bail.
“Bail is a right of everyone. I do not see any cogent reason of denying my clients bail. The court is a temple of justice. We cannot direct the court how it is required to perform its functions,” he said. In the case, the accused persons are charged under the Environmental Management Act, the Mining (Safety, Occupation Health and Environmental Protection) Regulations and the Penal Code.
The prosecution alleges that on February 23, 2018 at Ziwani village in Geita District, the accused persons disobeyed a lawful order issued on December 6, 2017 to Nyarugusu Mine Company Limited by Dr Makota.
It alleged that on the same day and place, the accused persons were found unlawfully operating the tailing storage facility under the name of Nyarugusu Mine Company Limited, without having obtained Environmental Impact Assessment Certificate.
The prosecution told the court further that on the same day and place, the accused persons were found unlawfully operating the tailing storage facility under the name of the said company, without having written permission from the Chief Inspector of Mines.
Recently, the Geita Resident Magistrate’s Court released on bail the accused persons, who are investors at Nyarugusu Gold Mine, on conditions of securing only one surety who was to sign a bond of 10m/.
“The set bail conditions are so lenient considering the seriousness of the offences. We are talking about human being’s life and other living organisms that are in danger, because of unlawful operation of tailing storage facility,” State Attorney Hezron Mwasimba, said.
He charged that though the court has its own ways of conducting its duties, the republic was concerned on such a decision, considering the gravity of the offences as compared to the conditions of bail imposed, of which he claimed are incompatible with the incident.
When granting bail to the accused persons, Resident Magistrate Kaliho Mrisho had pointed out that the offences, including that of disobeying lawful orders of the Director General of National Environmental Management (NEMC), Dr Vedast Makota, were bailable.
On his part, Advocate Leonard Silvanus, for the accused persons Julius Malemi, Ludovick de Ferrant, Fredrick Masanja and Alex Noni, pointed out that he could not see any objection to bail.
“Bail is a right of everyone. I do not see any cogent reason of denying my clients bail. The court is a temple of justice. We cannot direct the court how it is required to perform its functions,” he said. In the case, the accused persons are charged under the Environmental Management Act, the Mining (Safety, Occupation Health and Environmental Protection) Regulations and the Penal Code.
The prosecution alleges that on February 23, 2018 at Ziwani village in Geita District, the accused persons disobeyed a lawful order issued on December 6, 2017 to Nyarugusu Mine Company Limited by Dr Makota.
It alleged that on the same day and place, the accused persons were found unlawfully operating the tailing storage facility under the name of Nyarugusu Mine Company Limited, without having obtained Environmental Impact Assessment Certificate.
The prosecution told the court further that on the same day and place, the accused persons were found unlawfully operating the tailing storage facility under the name of the said company, without having written permission from the Chief Inspector of Mines.
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