THE prosecution has asked for more time to complete investigations into 10tri/- fraud, tax evasion and money laundering trial, where seven people, including senior officials with four subsidiary companies of the defunct Acacia Mining Limited, have a case to answer.
Senior State Attorney Wankyo Simon told Senior Resident Magistrate Rashid Chaungu at the Kisutu Resident Magistrates’ Court in Dar es Salaam on Friday that investigation into the matter had not been completed.
“We undertake to insist to the responsible authorities to expedite the process and finish investigation into areas that have not been covered. In the circumstances, we pray for another mention date,” the trial attorney requested.
The magistrate granted the request and adjourned the case until March 27, 2020.
The accused include President of Pangea Minerals Limited, Bulyanhulu Gold Mine Limited and North Mara Gold Mine Limited, as well as Exploration Minieres Du Nord LTEE Deogratias Mwanyika and Managing Director of the three companies Asa Mwaipopo.
Others are Bulyanhulu Company Relations Manager Alex Lugendo and the four mineral dealer companies. Defence counsel Hudson Ndusyepo from Prime Attorneys and Alex Mgongolwa represent Mwanyika in trial.
Advocate Rwekama Rweikiza from FB Attorneys appears for Mwaipopo, Lugendo and four companies, Pangea Minerals Limited, Bulyanhulu Gold Mine Limited and North Mara Gold Mine Limited.
They are facing 39 counts of conspiracy, leading organised crime, forgery and uttering false documents.
The other charges include corrupt transaction, tax evasion of $918,464,427 (about 1,8tri/-) and money laundering totalling $3,791,194,540 (about 7.4tri/-).
It is alleged that the accused committed the offences between April 2004 and July 2018 in various places in Dar es Salaam, Shinyanga, Mara and Kagera in Tanzania and in various places in South Africa, Canada, in Barbados Island and in United Kingdom (UK).
Within the same period and places, Mwanyika, Lugendo and Mwipopo with other persons not in court are alleged to have knowingly furnished assistance in the management of business of a criminal racket with intent to reap profit or other benefits.
The same accused are charged with forging two loan agreements and a loan confirmation statement purporting Pangea Mineral Limited agreed to borrow $90m with interests from Barrick International Bank Corp and Exploration Minieres Du Nord LTEE.
It is alleged further that the accused also purported to show that Exploration Minieres Du Nord LTEE secured a loan amounting to $6,744,974.62 from the bank, while they knew such transactions were false.
Within the same period and places, Mwanyika, Lugendo and Mwipopo and other persons not in court, allegedly counselled and facilitated the four mineral companies to acquire or transfer $1,896,007,270, being the proceeds of predicate offences of forgery and tax evasion.
The prosecution alleged that the mineral companies, jointly and together with other persons not in court, acquired and directly engaged in transactions involving the amount of money, while they knew or ought to know that such property was the proceeds forgery and tax evasion offences.
It was alleged that between April and December 2008 in Dar es Salaam, Mara, Kagera and Shinyanga Regions, all accused persons jointly and together with other persons not in court, evaded to pay $918,464,427 as withholding tax to the Tanzania Revenue Authority Commissioner General.
Mwanyika, Lugendo and Bulyanhulu Gold Mine were charged with an additional count of a corrupt transaction, an offence allegedly committed between November 2, 2012 and November 27, 2015 in various places within the city of Dar es Salaam in the United Republic of Tanzania.
The court heard that the three accused, jointly and together with other persons not in court, gave 718,520,001/76 as corruption to Hussein Kashindye, the then Regional Crime Officer of Shinyanga Region by depositing the amount into his account maintained at NMB Bank, Kibondo Branch.
Such a bribe, the prosecution further alleged, was an inducement to Kashindye for him to forebear investigation of criminal activities committed by Bulyanhulu Gold Mine.
