Rugemalira begs to ‘spill the beans’ before DPP

FAUSTINE KAPAMA

PROMINENT businessman, James Rugemalira, yesterday asked the Kisutu Resident Magistrate’s Court to allow him to meet with the Director of Public Prosecutions (DPP) to present evidence linking persons who allegedly stole government money in the Independent Power Tanzania Limited (IPTL)’s saga.

“I want to show him (DPP) that we are innocent. There are other persons who are supposed to be here,” Rugemalira who is facing a 350bn/- economic sabotage trial alongside his co-businessman, Harbinder Sethi, told Principal Resident Magistrate Huruma Shaidi.

He said that an hour or so will be enough for him to give a brief account on true facts surrounding the matter, as that is what he did when he met with the Director General of the Prevention and Combating of Corruption Bureau (PCCB) last week, where he disclosed people behind this saga.

The businessman said further that he has failed to meet with the DPP or his representatives in prison as per requirement of section 16 (4) of the National Prosecutions Service Act. Such provision requires the DPP or his representatives to visit inmates in prisons to listen to their concerns on cases they are facing.

“I therefore, request you, your honour, to grant an order like the one you issued, when you allowed me to meet with the PCCB Director General, so that I can meet with the DPP and spill the beans so that he can understand who actually stole the government money,” he appealed.

However, in his short ruling, the magistrate directed the businessman to use other remedies instead of securing a court order to present his evidence to the DPP, including writing a letter through his advocates to seek an appointment.

The request by the businessman comes after a prosecutor with the PCCB, Mr Leonard Swai, informed the court that investigations into the matter have not been completed. Mr Swai requested the court to set another date for mention.

The magistrate granted the request and adjourned the trial to January 5. In the trial, the two businessmen are facing 12 counts of conspiracy, leading organised crime, forgery, uttering a false document, obtaining money by false pretences, occasioning loss to a specified authority and money laundering.

Between October 18, 2011 and March 19, 2014, at various places in Dar es Salaam in the United Republic of Tanzania and various places in the Republic of Kenya, South Africa and the Republic of India, jointly and together, they allegedly conspired to commit an offence of obtaining money by false pretences.

Within the same period in the city of Dar es Salaam, the prosecution alleged being not public officials but in collusion with public officers, all accused persons intentionally and knowingly managed, financed and furthered the objectives of a criminal racket with intent to reap profit or other benefit.

Between November 29, 2013 and January 23, 2014 at Stanbic Bank Limited, Centre Branch in Kinondoni district and at Mkombozi Commercial Bank Plc, St Joseph Branch in Ilala district, by false pretenses, all the accused persons obtained 22,198,544.60 US dollars and 309,461,300,158/27.

The court heard further that on November 29, 2013 at Stanbic Bank Limited, Centre Branch in Kinondoni District, by their willful acts, jointly and together, Sethi and Rugemalira caused the government of United Republic of Tanzania to suffer a pecuniary loss of the said amount.

It is alleged that on diverse days between November 29, 2013 and January 23, 2014 at different places in the city, jointly and together, the accused persons conspired to commit an offence of money laundering by acquiring the money from the Bank of Tanzania.

On November 29, 2013 at Stanbic Bank Limited, Centre Branch in Kinondoni district, Sethi acquired the 22,198,544.60 US dollars from the BoT, while he knew at the time of acquisition that the money was the proceeds of the said predicate offence.

The prosecution alleged further that between November 29, 2013 and March 14, 2014 at the same bank, Sethi acquired the 309,461,300,158/27 from BoT, while knowing that such money was the proceeds of a predicate offence of participating in an organised criminal group and racketeering.

It is claimed also that on January 23, 2014 at Mkombozi Commercial Bank, St Joseph Branch in Ilala district, Rugemalira acquired 73,573,500,000/- from Sethi, while he knew at the time of acquisition the money was the proceeds of the said predicate offence.