DPP seeks order against High Court in 12/-bn money laundering case

11May 2016
Karama Kenyunko
The Guardian
DPP seeks order against High Court in 12/-bn money laundering case

THE Director of Public Prosecution (DPP) has filed a notice of appeal against a decision by the High Court in Dar es Salaam which struck out his appeal against the subordinate court (Kisutu)

DPP Biswalo Mganga

in which he sought for the court to drop a 12bn money laundering charge levied against the former Commissioner General of the Tanzania Revenue Authority (TRA), Harry Kitilya and two others.

DPP Biswalo Mganga said the appeal was filed on Friday at around 8:00 shortly after the court gave out its ruling to dismiss his appeal.

He said that he is now waiting for the case proceeding so that they can prepare the grounds of their appeal.
At the end of the week, the High Court dismissed the appeal lodged by DPP in which he purported that the subordinate court (Kisutu) did not issue a final determination on the charge and therefore the court has no jurisdiction to hear the appeal.

Reading the ruling, Judge in charge Moses Mzuna said removal of the money laundering count did not amount to closure of the case and that it was ‘just a matter of legal technicality.’

He said the High Court does not have jurisdiction to hear the matter that was ruled out on interlocutory order, a temporary order issued during the course of litigation. The judg3e advised the DPP that such an intervention before a final ruling can only be effected by the court of appeal.

Last month, defence attorneys Ringo Tenga, Joseph Tadayo, Majura Magafu, Semu Anney, Alex Mgongolwa and Godfrey Nyaisa asked the court to withdraw the money laundering count because the count in question was ‘fatally defective for not disclosing the offence of money laundering as stated in the law.’

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

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

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 allegedly engaged themselves directly in a transaction involving six million US dollars 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.

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