AG intervention sought in 16bn/- mineral case

PROSECUTIONS have sought Attorney General’s (AG) intervention to acquire essential exhibits from Australia to complete investigations into the 16bn/- trial against Ndama Hussein, alias “Mtoto wa Ng’ombe.” Senior State Attorney Christopher Msigwa told the Kisutu Resident Magistrate’s Court in Dar es Salaam last week that they have asked the AG to intervene to speed up the case.

“We communicated with the Attorney General’s Chamber, asking him to write a reminder notice to our counterparts in Australia, considering this process is taking too long,” the prosecutor told Resident Magistrate Victoria Nongwa.

He asked the court to adjourn the case as investigations are still incomplete. Advocate Jeremia Ntobesya, for the accused, said his client is entitled to freedom to continue doing his businesses.

He suggested to the prosecution to drop the charges if investigations will take too long and upon completion, re-arrest him. In his rejoinder, trial attorney said the remaining part of the investigations is being carried out abroad.

He promised to work hard to procure the required exhibits or else they will take other necessary steps should they encounter any complexity. The magistrate adjourned the case to March 23, for another mention. Mtoto wa Ng’ombe is charged with forging several documents, including a certificate of clearance from the United Nations for export of minerals worth over 16bn/-.

He is alleged to have forged the minerals export permit and samples of minerals on February 20, 2014 in the city. He allegedly purported to show that Muru Platnum Tanzania Investment Company Limited was permitted to export four boxes of Gold Nuggets weighing 207kg valued at 8,280,000 US dollars to an Australia-based firm, Trade TJL DTYL Limited.

It is further alleged that on March 6, 2014, he forged the certificate of clearance from UN Dar es Salaam Office purporting to show that the 207kg minerals from the Democratic Republic of Congo to Trade TJL Limited was cleared of criminality. On February 20, 2014, the accused allegedly made a customs declaration form purporting that Muru Company has paid 331,200 US dollars as importation tax to Tanzania Revenue Authority for the minerals at 8,280,000 US dollars imported from DRC.

The prosecution told the court further that on the same day in the city, Hussein forged insurance cover from Tanzania Assurance Company Limited, showing Muru Company had insured the four boxes containing the minerals. Between February 26 and March 3, 2014, in Dar es Salaam, with intent to defraud, the businessman allegedly obtained from Trade TJL Limited 540,390 US dollars by falsely pretending that he will supply the 207kg of minerals at 8,280,000 US dollars.

Mtoto wa Ng’ombe has already been convicted by the court on one count of money laundering of a sum of 540,000 US dollars (over 1bn/-) and sentenced to either pay a fine of 200m/- or go to jail for five years after pleading “guilty” of the offence. He opted to pay the fine to escape the jail sentence. The businessman’s move set a record in the country’s judiciary, becoming the first accused to enter plea of guilty on money laundering charges since the Money Laundering Act, Number 12, about 10 years ago.

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