Similarly, the court has advised the complainant in this case who is Noel Severe filing a civil suit as they did recently, where they filed a civil suit against Ntagazwa .
Resident Magistrate court, Gene Dudu , said that the criminal case number 108/2012 which was judged yesterday , but should not be criminal charges .
Reading the judgment , at 11:12am , Dudu said part of the Republic that had been represented by attorney, Charles Anindo , in pursuit of his desire to prove his case brought five witnesses at the side of the defendants who were represented independent advocate , Alex Mshumbusi , brought four witnesses who are the accused themselves and one witness .
Magistrate Dudu said his court has had an opportunity to analyze the evidence of both sides and the end of the day remained with one question to ask , what does it really defendants they had committed an offense contrary to section 320 of the Act of the Penal Code of 2002 ?
He added that according to clause must be the defendant gave false information to the complainant in order to acquire something in the way of lying and have malicious intent when he wanted to acquire these assets .
" But according to the evidence in court , demonstrated quite clearly Ntagazwa and other accused who is the board members of Ford institution gave orders for the Visual Storm company which its Director is Severe , to manufacture 5000 vest and 5000 caps, where they did so after the board meeting to allocate the budget for the dress to be made .
" The dresses were given freely to the public on the memory of the death of the late Julius Nyerere , with the aim of eradicating corruption when the honor of the leader, with the promise that they would be paid within one month, " said Dudu .
He said the argument that the three accused , who is the son of Ntagazwa , dr. Webhale Ntagazwa , that he gave orders for the publication of the vest and hat , he should be charged with the offense because Ford is an institution and not the property of the accused.
Dudu said the defense of the accused can show they wrote letters to donors asking for money to be able to achieve their project to honor Nyerere day record of his death on October 14 , and donors they agreed to continue the process of printing T-shirts that will provide money to pay .
But before the concert to be held , Ntagazwa and their colleagues noted some changes to the vest logo appearance are the Association of Community ( CCJ ) , which caused a donor who promised state funds devoted claiming they don't sponsor political parties.
" This Court has noted that information published on the newspaper capita , where even the defendants wrote a letter to IGP Said Good complain t-shirts and their hats destroyed , causing defendants wajikute unable to cover the cost of printing for the company Severe after sponsor their commitment, " he said.
After the judge read the sentence , Ntagazwa he began to cry out to the court saying: " That is leading to honor Nyerere there opened a criminal offense ? Again the police were and evil spirits and they come to arrest me katiri day they took me home naked bathing bathroom because I 've moved Chadema . "
In addition to Ntagazwa , the other defendants are his son, Dr. . Webhale Ntagazwa and the first defendant is Senetor Mirelya ( 60 ) .
April 23 , 2012, it was alleged in court that an attorney , Ladislaus Komanya , be October 22 in 2009 in what is now Mikoroshini , accused them of bad faith were obtained vest 5000 and cap 5000 worth shs million 74.9 from Noel Severe , in agreement that they render in one month since they took the same material but failed.
