Kitilya fails to escape money laundering charge.

Kitilya, 2 former Stanbic Bank officers denied bail

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.