Fortune News | Dec 27,2018
Kinfe Dagnew (Maj. Gen), former head of Metals & Engineering Corporation (MetEC) who has been charged with grand corruption, brought preliminary objections in defence of the charges leveled against him.
Kinfe, the founding CEO of the Corporation, has defended the three out of the four charges brought against him. Through his two lawyers Haftom Kesete and Zeresenay Mesegana, he filed his preliminary objections last Monday and Friday in the 15th Criminal Bench of the Federal High Court's Ledeta Division.
For the first charge, which involved alleged illegal procurement of two hotels and a plastics factory at a cost of 200 million Br, Kinfe's preliminary objection asserts that the charges of negligence and abuse of power in ordering the procurement are not interchangeable crimes and are entirely different from one another.
"The procurement can either be the result of abuse of power or negligence," reads Kinfe's preliminary objection. "The prosecutors' allegations joining the two crimes are not legitimate."
Under this filing, Alem Fitsum, managing director of Alem Genet Steel Factory, and Ermias Amelga, founder of Access Real Estate, were charged for selling Riveria Hotel, a PVC factory and Imperial Hotel to the Corporation at exaggerated values. Alem and Ermias also submitted their preliminary objections to the court.
Through his lawyers, Alem stated that prosecutors could not accuse him criminally along with MetEC. Instead, he could face civil liability and be subjected to pay compensation if found guilty.
Ermias's lawyers also argued that selling one’s own property does not constitute a crime. His lawyers also asserted that Ermias sold the hotel to the Corporation at a market price and the charge is not acceptable in the context of a free market economy. They further asserted that the price of the hotel has now appreciated to 300 million Br.
Under the second charge, Kinfe is accused along with 13 other co-defendants for allegedly causing 544.7 million Br in losses to public funds resulting from the procurement and mismanagement of two shipping vessels. Last Monday, Kinfe submitted his preliminary objection based on two grounds and stating that the charge lacks clarity.
"The prosecutors' charge claims that Knife ordered the procurement with intent to gain undue advantage," reads the preliminary objection, "but they have failed to show the materialisation of the advantage that was allegedly pursued."
Kinfe's lawyers also argued that the charge should have been clear and show what benefit the defendant accrued, the monetary value of the benefit they received and whether or not such benefits were received at all.
They also claim that four of the seven counts under this filing should have been merged into two, since they constituted the same actions that resulted in the same effects. Because the prosecutors made the distinction of creating a misleading image of a larger crime, according to their telling, they appealed for the charges to be amended.
Under the third case, Kinfe is charged along with seven other co-defendants, for ordering the procurement of tractors and spare parts valued at 5.4 billion Br for the Adama Agricultural Machinery Industry without following proper procurement procedures.
The lawyers submitted their objection late last Friday, asserting the charge brought by the prosecutors lacks clarity and prevents Kinfe from defending himself. The objection also says that the prosecutors filed the charge under a wrong provision of the law.
After receiving the objections from defendants, the judges adjourned the three cases to February 7, 2019, to receive the responses of prosecutors on the preliminary objections.
Kinfe will be also be submitting his preliminary objection on February 12, 2019, for the fourth charge leveled against him. In the fourth case, he is charged with seven co-defendants of awarding fake Masters and Doctorate degrees to MetEC officials. The charge further alleges the defendants wasted 73.6 million Br in pursuit of the allegedly fake degrees.
PUBLISHED ON Feb 02,2019 [ VOL 19 , NO 979]
Fortune News | Dec 27,2018
Fortune News | Nov 02,2019
Radar | May 11,2019
Fortune News | Dec 10,2022
Fineline | Jan 25,2020
Fortune News | Jan 19,2019
Radar | Sep 14,2019
Fortune News | Mar 11,2019
Fortune News | Mar 11,2019
Fortune News | Dec 19,2020
Dec 24 , 2022
Biniam Mikru heads the department of cabinet affairs under Mayor Adanech Abiebie. But...
Jul 2 , 2022 . By RUTH TAYE
On a rainy afternoon last week, a coffee processing facility in the capital's Akaki-Qality District was abuzz with activ...
Nov 27 , 2021
Against my will, I have witnessed the most terrible defeat of reason and the most sa...
Nov 13 , 2021
Plans and reality do not always gel. They rarely do in a fast-moving world. Every act...
Leaders of the National Election Board are in a charm offensive mood, of a sort. Last week, they organised a rare tour for members of the me...
When the country's most senior diplomats and envoys return back to their posts after two-week debriefings, they leave behind a point or two...
Mar 18 , 2023
Ethiopia's economy once hailed as a paragon of growth and development, now faces a co...
Mar 11 , 2023
Ethiopia is rapidly emerging as one of China's top African debtors, second only to An...
Mar 4 , 2023
Once again, Ethiopia has claimed international attention in the past few weeks for re...
Feb 25 , 2023
Millions of people in Ethiopia have continued to be deprived of access to information...
I met Solomon Desta a couple of years ago. He lives and works in a religious institu...
A comedian made a joke about how citizens' wishes are not granted but rather what government thinks is ou...
Or see contact page