Kitilya fails to escape money laundering charge
HAPA CHINI▼▼
HAPA CHINI▼▼
THE
Court of Appeal nullified the decision by High Court, which ruled in favour of
former Commissioner General with Tanzania Revenue Authority (TRA), Harry
Kitilya and two others in the 12bn/- criminal trial, over deletion of money
laundering count.
This
follows the decision by Justices Salum Massati, Kipenka Mussa and Augustine
Mwarija to allow the appeal lodged by the Director of Public Prosecutions (DPP)
to challenge the ruling issued by High Court Judge Moses Mzuna on May 6, this
year.
In
his ruling, Judge Mzuna had dismissed the prosecution’s first appeal against
the decision of the Kisutu Resident Magistrate’s Court in Dar es Salaam, which
“strikes out” money laundering count against the accused persons because it was
defective in substance.
The
justices of the appeals court upheld one of grounds of appeal presented by the
prosecution, who had stated that the High Court judge had erred in law in
holding that the order by the trial court striking out the count in question
was an interlocutory order.
They
accepted the position given by Assistant DPP, Oswald Tibabyekomya, for the
prosecution, that the money laundering count was terminated following the
decision given by the trial court and was, thus, distinguished from the
criminal charge.
Therefore,
they held, such order was not interlocutory. “It was, therefore, erroneous for
the judge in the first appeal to hold that the order of the trial court was
interlocutory. We find merits on the first ground of appeal. Consequently, we
allow the appeal, quash and set aside the proceedings of the High Court,” the
justices declared.
In
the judgment read by the Court’s Deputy Registrar Zahra Maluma, the justices
went on, “We order the records be remitted back to the High Court for the
appeal by (the DPP) to be heard by another judge with competent jurisdiction.”
During
hearing of the appeal, Mr Tibabyekomya was assisted by DPP Biswalo Mganga,
Principal State Attorney Timony Vitalis and Senior State Attorneys Awamu
Mbangwa and Shadrack Kimaro, while advocates Majura Magafu, Ringo Tenga, Alex
Mgongolwa and Godwin Nyaisa, were for accused persons.
The
prosecution had further submitted that the High Court judge erred in law in
holding that the republic had the right to amend, alter or substitute the
charge, but did not explore those remedies before resorting to the appeal.
They
had told the court that the act of deleting the count completely removed the
offence as contained to the charge sheet and put to the rest of the matter in
the trial, hence, such decision had final effect and brought to the end as far
as the offence of money laundering was concerned.
HAPA CHINI▼▼
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