TWO former Simba Sports Club top officials, Evans Aveva who was the club President and Geoffrey Nyange, who served as the Vice-President, continue to languish in remand as the outcome of their trial on fraud and 600m/- money laundering charges remains in limbo.
A prosecutor with the Prevention and Combatting of Corruption Bureau (PCCB), Leonard Swai, told Senior Resident Magistrate Victorian Nongwa, at the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday that investigations into the matter have not been completed.
Expounding further submissions on the matter, the prosecutor informed the court that original prosecution’s case file was still with the Director of Public Prosecutions (DPP) for perusal and they have not yet received any directives on how to go about the matter.
Under such circumstances, the prosecution requested the court to set another date for mention pending completion of investigations into the trial.
The magistrate granted the request and adjourned the matter to October 25. 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 accused persons depending on the evidence presented to him.
Furthermore, the DPP could return the case file to the investigative machinery with directives of carrying out further investigations on some aspects or enter nolle prosequi certificate in favour of the accused persons if the evidence brought before him was insufficient to mount their prosecution.
Nolle prosequi is a legal term or phrase meaning “be unwilling to pursue”, a phrase amounting to “do not prosecute” used in many common law criminal prosecution contexts to describe a prosecutor’s decision to voluntarily discontinue criminal charges either before trial or verdict. 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, Azikiwe 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 proceeds of offence of forgery.
On the same day and the bank, Nyange aided and abated Aveva to acquire the money from the bank, while knowing that the said money was proceeds of a crime of forgery of the transfer of funds report form.