THE Director of Public Prosecutions (DPP) has lodged an appeal to challenge a judgement issued by the Kisutu Resident Magistrate’s Court in the trial of six people, including bank officials with CRDB Bank, accused of money laundering.
In the notice of appeal lodged last week, the DPP is also requesting to be supplied with typed copy of the judgement and the proceedings to enable him prepare a memorandum of appeal for determination by the High Court.
On December 31, last year, Resident Magistrate Janeth Kaluyenda acquitted the bank officials, Naana Amini, Harold Stambuli, Peter Ngenda and Stephen Nyoni, of charges they were facing, but imposed a three-year-suspended sentence to two businessmen, after convicting them of some offences.
The two businessmen were Humoud Ally Salum, alias Salim Humoud Shkely and Maximillian Robert Makori, who reside at Kariakoo along Bwimbi Street and Tabata Segerea Mgombani, respectively.
In her judgement, the magistrate found that the prosecution, through its witnesses, failed to discharge its burden of proving the case beyond reasonable doubt, as required in criminal cases against the Bank officials. During trial, the prosecution called 33 witnesses and produced over 40 documentary exhibits.
The prosecution had alleged that between November and December 2010, within the City of Dar es Salaam, all the six accused persons conspired together and with other unknown persons to defraud the CRDB Bank PLC of 711,661,500/-.
It was alleged that within the same period, with intent to defraud or deceive, Salum forged cheques, their accompanying letters and telegraphic transfers, purporting to show that Land Bank Project had transferred 562,861,500/- to the account of Toto Commission Agent Limited, while it was false.
The prosecution alleged that on December 6, 2010 in the City, with intent to defraud, Makori forged a cheque, its accompanying letter and telegraphic transfer, purporting to show that Land Bank Project had transferred 148,800,000/- to the account of Makumira Filling Station, while it was untrue.
According to the prosecution, between November 22, and December 7, 2010 in the city, with intent to defraud, the two businessmen obtained from the CRDB Bank a sum of 711,661,500/-, by falsely pretending that the same were paid to them for the service provided to the Land Bank Project.
The two were charged with an alternative count of stealing to that of obtaining money by false pretences in respect of the said amount. Within the period, Salum and Makori allegedly money laundered the amount by converting them into telephone recharge vouchers and motor vehicle fuel.
On part of bank officials, the prosecution had filed counts against them relating to neglect to prevent offences. Being employees of CRDB Bank, Azikiwe Branch in Ilala District, between November and December 2010, allegedly failed to use reasonable means to prevent the said money from being stolen.