19 September 2017

Tanzania: Aveva, Nyange Case Handed to DPP

THE outcome of the trial of Simba Sports Club Chairman Evans Aveva and his Vice-Chairman Geofrey Nyange, who are facing fraud and 600m/- money laundering charges, is now in the hands of the Director of Public Prosecutions (DPP).

This follows new developments on the status of investigations disclosed by the prosecutions at the Kisutu Resident Magistrate's Court in Dar es Salaam yesterday when the case came for mention.

Senior State Attorney Nassoro Katuga, for the prosecution, told Senior Resident Magistrate Victoria Nongwa that the preliminary investigations in the matter have been completed and the case file has been forwarded to the DPP for his perusal and directions.

"We, therefore, pray for another mention date while waiting the directives of the DPP on how to go about the matter," the trial attorney requested. Advocate Philimon Mutakyamila, for the accused persons, could not raise any objection, saying the stage reached on investigations was in the positive side.

Under such circumstances, the magistrate adjourned the trial to September 27, for mention. Lawyers say that three things could happen when the prosecution's case file is taken to the DPP. He may draw new charges for prosecution of the accused persons depending on the evidence presented to him.

Furthermore, the DPP could either enter nolle prosequi certificate in favour of the accused persons if the evidence brought before him was insufficient to mount their prosecution or return the case file to the investigative machinery with directives of carrying out further investigations on some aspects.

In the trial, it is alleged that the accused persons forged transfer of funds report form on March 15, last year, in the city. With intent to defraud or deceit, the accused persons allegedly purported to show that Simba Sports Club was repaying a loan of the said 300,000 US dollars to Aveva, while it was not true.

The prosecution alleges further that on the same day at CRDB Bank PLC, Azikiwa Branch in Ilala District, knowingly and fraudulently, Aveva uttered the said form to the bank, purporting that the club was repaying the said amount as loan to him.

It is alleged that between March 15 and July 29, 2016, in Dar es Salaam, jointly and together, the two club leaders conspired to commit the offence of money laundering by acquiring the said 300,000 US dollars, while they knew that the money was proceeds of a predicate offence of forgery.

The court has been told further that on March 15, 2016, at Barclays Bank Tanzania Limited at Mikocheni Branch in Kinondoni District, Aveva acquired the said money from the bank while at the time of such acquisition he knew the money was the proceeds of an offence of forgery.

On the same day at the bank, Nyange aided and abated Aveva to acquire the money from the bank, while knowing that the said money was the proceeds of a crime of forgery of the transfer of funds report form.

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