Prosecution put to task over delays in fraud case

By FAUSTINE KAPAMA

THE Kisutu Resident Magistrate’s Court has given the prosecution seven days to complete all investigation processes before moving to another stage into the 7bn/- economic and money laundering trial of four prominent figures, including renowned advocate, Dr Ringo Tenga.

In yesterday’s proceedings before the Dar es Salaam Court, Principal Resident Magistrate Thomas Simba was a little bit concerned over delay in expediting the process, including completing typing the case file documents so that other judicial procedure could take place.

He was reacting to submissions presented by State Attorney Estazia Wilson, for the prosecution, who had told the court that the case file was still with the police for typing of some legal documents.

The anticipated next procedure will be for the court, after completion of investigations, to conduct committal proceedings so that the case is moved to the Economic, Corruption and Organised Crime High Court’s Division for full trial. Magistrate Simba referred the prosecution to proceedings of May 18, when the court sought to know who was delaying the matter so that he could be summoned to explain on the actual position, since it was not open for the police to remain with the file indefinitely as per their wishes.

Advocate Alex Mgongolwa, for the accused persons, expressed similar concerns that it was unhealthy for the police to continue giving some excuses or reasons not backed by any law to substantiate their desire to continue ‘sitting on’ the case file.

The magistrate adjourned the case to June 6. Other prominent figures facing the criminal charges in the trial are former Managing Director with Tanzania Investment Bank (TIB), Peter Noni, Managing Director of Six Telecoms Company Limited, Hafidh Shamte, alias Rashid Shamte, and Noel Chacha, the company’s Chief Finance Officer.

They have been charged in the case jointly with Six Telecoms Company Limited on account of their positions in the company. Apart from Shamte and Chacha, the charge sheet indicates that Dr Tenga and Dr Noni are also directors of the tier one provider of Integrated Telecommunications Services Company.

The prosecution alleges that the accused persons committed the offences on different dates between January 2014 and January 2016, within the city and region of Dar es Salaam.

It is alleged that in order to obtain a financial or personal gain, the accused persons fraudulently under charged International Incoming Telecommunication Traffic at a rate below the minimum rate of 0.25 US dollars cents per minute.

The prosecution alleges that within the same period, on account of their respective positions in the company, fraudulently and with intent to avoid payments, the accused persons failed to pay to TCRA revenue amounting to 3,282,741.12 US dollars.

It is alleged further that being officials with the company, the accused persons and the company failed to pay regulatory fees amounting to 466,010.07 US dollars to TCRA.

The prosecution alleged also that by their wilful act, the accused caused TCRA to suffer a pecuniary loss of 3,748,751.22 US dollars. On money laundering charges, the prosecution alleged that between January 2014 and January 2016 in the city, the accused persons acquired, used or administered money amounting to 3,282,741.12 US dollars, while knowing or ought to know that the money was proceeds of predicate offence of fraud.