Case against Kitilya to be heard at High Court

04May 2016
The Guardian
Case against Kitilya to be heard at High Court

THE High Court in Dar Es Salaam Zone will tomorrow start hearing the DPP’s appeal on the case facing former Tanzania Revenue Authority (TRA) commissioner general Harry Kitilya and two others against the court’s decision to drop the count on money laundering.

Harry Kitilya (2rd r), Sioi Solomon (3rd r) and Shose Sinare (2rd l) escorted to remand as they leave Kisutu Resident Magistrate Court recently.

The accused were facing eight counts before the Kisutu Resident Magistrate’s Court dropped the eighth count involving money laundering leaving the accused facing only seven counts.

The case appeared yesterday before senior resident magistrate Emilius Mchauru where the prosecution, led by State Attorney Shadrack Kimaro, informed the court that it had come for mention.

However, Magistrate Mchauru told the court that he was prepared to proceed with the case but received an order from the Judge in charge of the High Court that the accused should be taken before it.

Mchauru said following the order, all the accused and their advocates would appear at the High Court to discover the direction of their case. The latest move comes after the High Court requested for the original case file only a few days ago.

As a result, Magistrate Mchauru postponed the case until May 18, this year. The accused remained in custody, according to the law, despite being called to appear at the High Court.

However, when they arrived at the High Court, the Judge In Charge, Moses Mzuna, informed them that the notice of appeal was at his desk and ordered both the prosecution and defence to appear tomorrow (April 5,) for a hearing of the appeal.

That came after last week the DPP filed a Notice of Appeal against the Court decision of dropping money laundering count.In the previous week, defence attorney Ringo Tenga, Joseph Tadayo, Majura Magafu, Semu Anney, Alex Mgongolwa and Godfrey Nyaisa asked the court to withdraw the money laundering count because it was fatally defective for not disclosing the offence of money laundering, as stated in the law. They said that the defect goes straight to the particulars of the offence and its fatality could not be cured under the law.

They argued that money laundering offence must contain four elements like illicit source placement, layering and integration.
In his ruling Magistrate Mchauru agreed with the defence advocates and struck the money laundering count on the ground that the offence was defective on its substance and particulars.

Following the decision, the defence made a bail application, but before the ruling could be issued, the prosecution came up with a notice of appeal objecting the money laundering count of over 12bn/- payments from the list of offences.

Apart from Kitilya, other accused are former Miss Tanzania and Head of Investment Banking at Stanbic Bank Shose Sinare as well as Sioi Graham Solomon, the former Chief Legal Counsel to the bank.

The accused appeared before the court on April 1, this year.They are now charged with seven counts including forgery and obtaining money by false pretences.

They are alleged to have engaged directly in a transaction involving USD6 million by transferring, withdrawing and depositing money relating to that transaction in different bank accounts maintained by EGMA Limited at Stanbic Bank Tanzania Limited and KCB Bank Limited.

The prosecution alleges further that the accused persons ought to have known that the said money constituted proceeds of a predicate offence, which is forgery.

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