Heavy weights lined up to testify in Kitilya’s case
Former Attorney General (AG) Fredrick Werema and Minister Mustafa Mkulo are among 54 witnesses lined up to testify in the 12bn/- trial of former Commissioner General of Tanzania Revenue Authority (TRA) Harry Kitilya and his co-accused.
This was disclosed by the prosecution at Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday during the committal proceedings of the case, with another notable figure among the witnesses including Kalenga Member of Parliament (CCM) Godfrey Mgimwa.
Judge Werema served at the High Court of Tanzania before his appointment as AG in 2009 while Mr Mkulo served as Finance Minister between February 13, 2007 and May 7, 2012.
MP Mgimwa, a professional banker, is the son of former Finance Minister William Mgimwa who served between 2012 and 2014.
The prosecution told Principal Resident Magistrate Huruma Shaidi that during the trial before the Economic, Corruption and Organised Crime Division of the High Court, they will also tender 218 physical and documentary exhibits to prove the charges against the accused.
During the committal proceedings, the prosecution was represented by Principal State Attorneys Fredrick Manyanda and Tumaini Kweka, as well as State Attorneys George Barasa and Ester Martin and an officer with the Prevention and Combating of Corruption Bureau (PCCB) Leonard Swai.
The accused on the other hand, had healthy representation from Advocates Majura Magafu, Alex Mgongolwa, Cuthbert Tenga, Kung’e Wabeya, Charles Alex, Nehemia Nkoko, Sinare and Nsangizyo Zilahulula.
After the session, the court committed the accused to the High Court for trial. Other accused into trial are Shose Sinare, former head of investment banking at Stanbic Bank, Sioi Solomon, former chief legal counsel to the bank, Bedason Shallanda, commissioner for policy analysis- debt with the ministry of finance and his assistant Alfred Misana.
They face 58 counts of leading organised crime, forgery, uttering false documents, use of documents intended to mislead the principal, obtaining money by false pretences, money laundering and occasioning loss to a specified authority.
Kitilya alone faces 43 money laundering counts, Shose, who is also former Miss Tanzania has two counts of forgery, two counts of uttering false documents and five money laundering counts. Kitilya, Shose and Solomon are jointly facing one forgery count.
Shallanda and Misana are jointly facing one count of using documents intended to mislead principal, while all five accused are jointly charged with leading organised crime, one count of money laundering, obtaining money by false pretences and occasioning loss to the government.
It is alleged that between February 20, 2012 and June 1, 2015 at various places in Dar es Salaam, the accused with others not in court, intentionally organised a criminal racket to obtain money from the government of Tanzania, leading to the 600 million US dollar loss.
The prosecution alleged that between March 15, 2013 and January 10, 2014 in the city, with intent to defraud, all accused obtained six million US dollars from the government of Tanzania.
It is alleged that the accused pretended that the money was facilitation fee payable to Enterprise Growth Market advisors (EGMA) Limited for facilitating, together with Stanbic Bank Tanzania Limited, a 600 million US dollar loan to Tanzanian government.
The accused, in between March 18, 2013 and January 10, 2014, allegedly engaged themselves in transaction involving the six million dollars by withdrawing the money from account maintained at Stanbic Bank knowing that the money was forgery proceeds.
Between May 1, 2012 and June 1, 2015 in Dar es Salaam, all accused raised the arrangement fee of the 600 million dollar loan to the government from 1.4 to 2.4 per cent, subjecting the government to a pecuniary loss of six million dollars.
The prosecution alleges that between September 11 and October 3, 2012, at the finance ministry in Ilala District, being the ministry’s employees, Shallanda and Misana, with intent to mislead their principal, the Permanent Secretary, used Standard Bank’s Financing Proposal.
The document, according to the prosecution, contained false statement to show that Stanbic Bank (Tanzania) Limited in collaboration with Standard Bank, London, will raise the loan of 550 million US dollars for the government of Tanzania at the said arrangement fee.