Plea bargaining takes new twist as Chief Justice weighs in
Dar es Salaam. Chief Justice Prof Ibrahim Juma has written to magistrates over the application of the new plea bargaining law, amid claims by the Director of Public Prosecution that some advocates have hijacked the process to make money out of the accused.
The CJ’s letter on Wednesday, and yesterday’s warning of advocates by the DPP, Mr Biswalo Mganga, follows a frenzied period as money laundering and economic sabotage suspects were lining up to negotiate their way out of jail.
Since the new law was enacted by Parliament in September this year to create a mechanism for the accused to plead guilty in exchange of a leaner penalty, including cash payment, there has been confusion about its application.
In an interview this week, lawyers said the confusion was evident when President John Magufuli announced he had given the suspects an amnesty and set the deadline within which they should have written to the DPP seeking to negotiate for settlement.
According to them, there was a mix up of the said amnesty and the legal requirements of the plea bargaining law which did not envisage a direct role of the executive. However the government spokesperson, Dr Hassan Abbasi, yesterday explained that the process remained a legal one and that the President only gave direction as the custodian of public interest.
It was not explicit why the CJ issued the letter to the magistrates but the judiciary registrar Katarina Revocati told The Citizen that he was giving general counsel as the head of the institution.
“Just like the President said the process should follow the law, the CJ wants judges and magistrates to follow and understand the law so that their application does not delay the mechanism,” said Ms Katarina. She noted that because the law was new, there were bound to be challenges.
In his letter, Prof Juma said all cases of those accepting to plead guilty should be taken through the prescribed legal process and not otherwise. “If the judges and magistrates encounter any problem in interpreting or applying the new law should immediately raise their concerns with principal judges for guidance,” said the CJ.
Yesterday, Mr Biswalo shed light into more confusion, revealing some advocates had connived to get money from clients who have shown interest in entering negotiations with his office. He did not name anyone or money involved.
The DPP also directed that all the monies raised through the plea bargaining agreement be deposited in a government account opened at the Bank of Tanzania for the purpose. He asked judicial authorities to ensure the money involved in the cases was not banked in any of their accounts or any other accounts other than the one in BoT.
Mr Biswalo said he had information lawyers have taken money from clients or their families with a promise of setting them free. ‘I am warning those who are doing this to stop henceforth as they are looking for trouble,” he said.
The DPP reminded that the process for the accused to enter a plea and pay agreed fines remained as prescribed. A week ago Mr Biswalo said suspects would be required to enter plea on their own.
