 |
| Former TRA Commissioner General, Harry Kitilya. |
Judge Edson Mkasimongwa, who is hearing the appeal before the High Court in Dar es Salaam was scheduled to deliver the judgment on the matter on Tuesday, but could not make it because he had not completed writing the same, saying he was indisposed.
In the appeal, the DPP has advanced five grounds to fault the decision given by the Kisutu Resident Magistrate’s Court early this year, alleging that the presiding magistrate erred in law in striking the money laundering count.
He states that the presiding magistrate erred in law in holding that the count was defective and confusing to the extent the accused person may not be in a position of understanding clearly that offence they are specifically being charged with so as to be able tpo prepare themselves for defence.
The DPP states that the magistrate erred in holding that the charge could not be amended, substituted or altered under the law and that the subordinate court has inherent powers to control proceedings before it when the need arises.
In the case, other accused persons are Shose Sinare, former Miss Tanzania and Head of Investment Banking at Stanbic Bank and Sioi Solomon, former Chief Legal Counsel to the bank. The prosecution charges them of the offence, allegedly committed between March 13 and September last year.
They allegedly engaged themselves in a transaction involving six million US dollars by transferring, withdrawing and depositing money relating to that transaction in different bank accounts maintained by Enterprise Growth Market Advisors Limited at Stanbic Bank Tanzania Limited and KCB Bank Limited.
The prosecution claims before the court further that the accused persons ought to have known that the said money was the proceeds of a predicate offence, which is forgery. Apart from money laundering count, the accused persons are also charged with conspiracy to commit and offence, forgery, uttering false documents and obtaining six million US dollars (about 12bn/-) by false pretences.
On different dates between August 2012 and March 2013, within the city of Dar es Salaam, the three accused persons allegedly conspired together and other people who are not in court to commit offence of obtaining money by false pretences from the government.
It is claimed that on November 5, 2012, at Stanbic Bank in the city, all the three accused persons , with intent to deceit, made a false collaboration agreement purporting to show that the bank has established a consortium to collaborate with Enterprise Growth Market advisors (EGMA) Limited.
The purpose, according to the prosecution, was to arrange for financing in the amount of 550 million US dollars to the government of Tanzania under which EGMA would arrange for negotiation and meeting involving the financing facilitate understanding on the technicalities of the financing to the government.
It is claimed further that the EGMA was also to arrange for review finance documents and facilitate the provision of relevant documents or approval that would be required by relevant Tanzania authorities, the fact which the accused persons knew to be false.
According to the prosecution, in March 2013 in the city, Kitilya, Sinare and Solomon, with intent to defraud, jointly and together obtained from the government six million US dollars (about 12bn/-) by falsely pretending that the money was a facilitation fee payable to EGMA Limited.
Such amount, it is alleged, was to facilitate together with Stanbic Bank Tanzania a loan to the government of the United Republic of Tanzania in the amount of 600 million US dollars.
Daily News
No comments:
Post a Comment