By Faustin Kapama
TWO foreigners, one from France and the other Sweden, who allegedly accused Tanzanians of defrauding them 900m/- in mineral deals, have expressed their intention to terminate the economic trial of six people, including businessman Marijani Abubakar, alias Papaa Msofe.
This was revealed at the Kisutu Resident Magistrates' Court in Dar es Salaam when the case against Papaa Msofe, Advocate Mwesigwa Mhingo, Wencelaus Mtui, Fadhil Mganga and Emmanuel Gang'ai, who are all businessmen and Josephinie Haule, a businesswoman, came for mention.
It was Mtui, who informed presiding Principal Resident Magistrate Huruma Shaidi that those complainants had written a letter addressed to the Director of Public Prosecutions (DPP) and the Director of Criminal Investigations (DCI), showing they were no longer interested in pursuing the trial.
He told the court that on October 1, 2020 he received the letter through DHL from the complaints, saying they had lost interest in pursuing the criminal trial.
According to him, such a letter was copied to the court, DPP and the DCI. "The advocates of the two foreigners also came to prison and informed us about the issue. We request for a short adjournment of the case so that we may know what the outcome is," one of the accused persons said on behalf of his co-accused.
The presiding magistrate also acknowledged to have seen the letter in a court file, but threw the ball to the prosecution to give the updates on the matter.
For his part, State Attorney Faraji Nguka, for the prosecution, informed the court that he had no information about the matter.
He explained that such a letter was not in the prosecution's case file, but advised the relatives of the accused to meet with the DPP so that they could know details of the matter.
The accused person told the court that he wrote to the DPP on April, 2020, with intention to end the trial through a plea bargaining agreement, but since then no response had been given.
Presiding magistrate adjourned the trial until December 14, 2020. In the trial, the accused persons are charged with leading an organised crime, money laundering and obtaining 900m/- by false pretences.
The prosecution alleges that on diverse dates between December 2018 and September 2019, jointly and together, all accused persons with others not in court intentionally organised a criminal racket.
It is alleged that within the same period, with intent to defraud, all accused persons obtained $300,000 (equivalent to 690m/-) from Hubert Paschal Jean Camille, a French national by falsely pretending that they would sell him 200kg of gold minerals and export them to Portugal, while it was false.
The court heard that within the same period of December 2018 and September 2019 in the city, the accused persons allegedly received $300,000 from Camille, while knowing that the amount was proceeds of a predicate offence of obtaining money by false pretences. It is claimed that within the same period in Dar es Salaam, by false pretenses and with intent to defraud, all accused persons obtained $110,000 (equivalent to 253m/-) from John Mahsson, who is a Swedish national.
According to the prosecution, Msoffe, Mhingo, Mtui, Mganga, Haule and Gang'ai pretended that they would sell to Mahsson 20kg of gold minerals and export them to Portugal, which to their knowledge was false.
It is alleged also that between December 2018 and September 2019 within the city of Dar es Salaam, all accused persons acquired $110,000 from Mahsson, while knowing that the money was the proceeds of a predicate offence of obtaining money by false pretences.
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