Federal Judges Drop Objections by Melaku Fenta, Codefendants

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Judges at the Federal High Court have rejected today preliminary objections made by defendants of a high profile corruption saga involving senior tax officials and prominent businessmen. Upon ruling on the objections of the defendants charged under three separate files, judges rejected the entire objections under the first file, while accepting most of the objections by the defendants under the third file.

Twenty four defendants, including Melaku Fenta, former director general of the Ethiopian Revenues & Customs Authority (ERCA); and Gebrewahed W. Giorgis, his deputy but in charge of Law Enforcement Division of the ERCA; and several prominent businessmen were fighting criminal charges after accused of series of crimes in maladministration, misuse of power, illegal possessions of firearms, and ammunitions. Prosecutors from the Federal Ethics & Anti Corruption Commission (FEACC) allege the senior government officials have conspired with the businessmen accused to ensure pending criminal charges were terminated in favour of the latter.

The defense teams objected to the charges filed against their clients, challenging the power the Commission has to file charges of criminal nature related to taxation, the generality of the charges they are accused of, as well as inconsistency between the charges and the details there under. Upon objecting to the charges the defendants pleaded to judges for the consolidation of the charges made under three files by the Commission’s prosecutors, the inclusion of specific details such as time, place and in some cases, the amounts in the charges as well as the separation of the charges presented under similar file.

Companies where defendants have major shares, such as Netsa Trading Plc, K. K. Plc, GetAs Plc, Comet Plc and JH Simex Plc, have also appealed the Court to treat them separately from individual defendants in the case.

Nonetheless, the Court during its session on Friday, May 30, 2014, has rejected the claims from all the defendants.

Different from the other defendants Melaku and Gebrewahid have presented their objections in relations to the allegations of terminating investigation files and criminal probes while in office. They argued that they were entrusted with the power of terminating investigations by law. However, the Court rejected their claim reasoning that they are not accused for terminating investigations per se, rather the charges made have accused them of intentions while terminating these investigations.

The Court thus ordered the prosecutors for an amendment to three of the 93 charges included in the first file. Judges have also reasoned that the objections by the defendants under the third file are appropriate and thereby ordered for the amendment and for the separation of the charges. They have ordered prosecutors to present their evidences in separation corresponding to the charges since evidence under the present files is not separately presented.

Ruling on the preliminary objections by defendants under all the three files, the Court has adjourned the hearing of all for June 10, 2014.