By Faustine Kapama
THE
Kisutu Resident Magistrate's Court yesterday in Dar es Salaam ordered
the prosecution to come up with clear stance on the 12bn/-fraud and
money laundering trial feedback of former Commissioner General of
Tanzania Revenue Authority (TRA) Harry Kitilya and two others.
"I am also tired of
remaining with files whose cases are pending for too long. Such kinds
of case must come to an end, as we are approaching towards the end of
the year. On October 12, this year, the prosecution must give clear
position on this case," Principal Resident Magistrate Huruma Shaidi
said.
He was responding
to concerns by Advocate Alex Mgongolwa, for the accused persons,
following submissions presented before the Dar es Salaam Court by Senior
State Attorney Mutalemwa Kishenyi, for the prosecution, that
investigations into the matter have not been completed.
The trial attorney
had told the court that the prosecution was progressing well to ensure
the investigations are completed within a reasonable time and assured
the accused persons and the defence advocates that the process would
come to an end in the near future.
It was at that
juncture that Advocate Mgongolwa rose up and requested the court to
revisit the proceedings in the prevision session to satisfy itself on
whether there was any positive progress that has been recorded by the
prosecution as far as investigations into the matter were concerned.
The advocate
submitted that what had been presented by the prosecution was not new
and therefore, he requested the court to give appropriate orders to the
prosecution on the matter. The magistrate said that the prosecution had
earlier indicated the investigations were at advanced stage.
Other accused
persons in the matter are Shose Sinare, Head of Investment Banking at
Stanbic Bank and Sioi Graham Solomon, former Chief Legal Counsel to the
bank. Apart from money laundering allegedly committed between March 13
and September 2015 within the city, Kitilya, Sinare and Solomon are also
charged with conspiracy to commit an offence, forgery, uttering false
documents and obtaining 6 million US dollars (about 12bn/-) by false
pretence.
The prosecution
alleged that on diverse dates between August 2012 and March 2013, within
the city of Dar es Salaam, the accused persons conspired with some
people, who are not in court, to commit offence of obtaining money by
false pretence from the government.
It was alleged 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 had established a consortium to
collaborate with Enterprise Growth Market advisors (EGMA) Limited.
The purpose,
according to the prosecution, was to arrange to finance the amount of
550 million US dollars to the government of Tanzania, where EGMA would
arrange for negotiation and meeting financing to facilitate
understanding on the technicalities of the financing to the government.
It was claimed
further that the EGMA was also to arrange to 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 6 million US dollars (about 12bn/-) by falsely pretending
that the money was a facilitation fee payable to EGMA Limited.
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