By Faustine Kapama
BUSINESSMAN, James
Rugemalira on Thursday broke his silence over prosecution's failure to
complete investigations into 350bn/-economic trial and accused Standard
Chartered Bank Hong Kong Limited of evading paying 678,276,929 USD
(about 1.5tril/-) as stamp duty to Tanzania Revenue Authority (TRA).
He expressed his
concern over the move by the prosecution not to work on his letter
addressed to the Commissioner General with TRA, whose copy was availed
to a representative with the Prevention and Combating of Corruption
Bureau (PCCB), detailing on the bank's alleged involvement in the crime.
The businessman was
reacting to a position given by an officer with the PCCB, Magela
Ndimbo, who told the Kisutu Resident Magistrate's Court in Dar es Salaam
that the investigative machineries were still conducting investigations
into the matter, thus needed more time to accomplish the process.
Rugemalira told
Principal Resident Magistrate, Huruma Shaidi that on January 24, 2020,
he talked with the PCCB representative who visited him in prison and
gave him a copy of the letter in question, explaining how the bank was
allegedly evading paying such tax.
"Unfortunately, I
have received no response. I request in the next court session the
prosecution should come up with answers, as the bank is the one required
to be prosecuted in this case. I am surprised to see others are being
joined on the basis of incomplete investigations," the businessman
alleged.
He also said, "The
investigation in this case will not be complete unless you give us a
chance. To complete the investigation, follow the letter I sent to you,"
he argued.
After hearing such arguments, the magistrate adjourned the case to February 13, 2020 for another mention.
Rugemalira is
charged jointly with Independent Power Tanzania Ltd (IPTL), Chairman,
Harbinder Sethi and Lawyer Joseph Makandenge with conspiracy, leading
organised crime, forgery, uttering false statements, obtaining money by
false pretenses, 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 obtaining money by false
pretenses.
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 pretences, Rugemalira and Sethi 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,
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