TEAM FORMED TO INVESTIGATE DELAYS IN KITILYA CASE

 

THE prosecution has formed a special team to investigate the trial of ex-Commissioner General of Tanzania Revenue Authority (TRA), Harry Kitilya and two others who are facing 12bn/-money laundering charges before the Kisutu Resident Magistrate’s Court in Dar es Salaam.

State Attorney Elia Athanas, for the prosecution, told Principal Resident Magistrate Cyprian Mkeha yesterday when the case came for mention that the team was still in the field compiling more information surrounding the matter.

“This case is being investigated by a special team. The team is still in the field compiling information. Under such circumstances, investigations into the matter have not been completed,” the trial attorney submitted.

He was responding to an order earlier given by the court in the last session for the prosecution to disclose the stage of investigation so far reached. The prosecutor, therefore, requested the court to set another mention date pending further investigations on the matter.

Before the court’s reacting to the prosecution’s request, Advocate Alex Mgongolwa, for the accused persons, raised the defence’s concern on the position given by the trial attorney, saying the same was aimed at putting the court at a position of not controlling the proceedings.

He submitted that the accused persons have been in remand for almost eight months since their first arraignment and no progress so in investigations into the case have been made. “This song of incomplete investigation is very dangerous, so to speak,” the advocate said. According to him, the prosecution started investigating the accused persons since last year before their arraignments.

He submitted that once an accused is taken to court he was entitled to know the outcome of his case and not to have endless adjournments because of incomplete investigations.

The advocate, therefore, requested the court to put a limit or the prosecution should withdraw the charges and discharge the accused person, as they would have another opportunity of re-arresting them after completing the investigations. After taking into consideration the submissions by the parties, the magistrate adjourned the trial to December 2, for another mention and promised to work on the matter.

Other accused persons in the matter apart from Kitilya are Shose Sinare, who is a former Miss Tanzania and Head of Investment Banking at Stanbic Bank and Sioi Graham Solomon, former Chief Legal Counsel to the bank.

Apart from the money laundering count, the three accused persons are also charged with conspiracy to commit an offence, forgery, uttering false documents and obtaining six million US dollars (about 12bn/-) by false pretences.

On diverse dates between August 2012 and March 2013, within the city of Dar es Salaam, the three accused persons allegedly conspired together and other people who are not in court to commit an offence of obtaining money by false pretences from the government.

It is claimed 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 has established a consortium to collaborate with Enterprise Growth Market advisors (EGMA) Limited.

The purpose, according to the prosecution, was to arrange for financing in the amount of 550 million US dollars to the government of Tanzania under which EGMA would arrange for negotiation and meeting involving the financing understanding on the technicalities of the financing to the government.

It is claimed further that EGMA was also to arrange for review of 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 six million US dollars (about 12bn/-) by falsely pretending that the money was a facilitation fee payable to EGMA Limited.

Such amount, it is alleged, was to facilitate together with Stanbic Bank Tanzania a loan to the government of the United Republic of Tanzania in the amount of 600 million US dollars.