FORMER Chief Accountant with the Prevention and Combating of Corruption Bureau (PCCB), Godfrey Gugai appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam, yesterday, charged with possessing unexplained properties, all valued at over 3.6bn
He was arraigned alongside three other people, including George Makaranga, Leonard Aloys and Yasini Katera, who were jointly accused of 42 counts of forging sale agreements in relation to the properties scattered all over the country and money laundering.
Before Principal Resident Magistrate Thomas Simba, all accused denied the charges. The prosecution led by State Attorney Wankyo Simon and trial attorneys from the PCCB, Vitalis Peter and Max Ally, informed the court that investigations into the matter have not been completed.
Before adjournment of the trial to another mention date, Advocate Alex Mgongolwa, for the accused, requested the court to strike out all 20 counts relating to money laundering, submitting that particulars indicated do not disclose any offence known in law.
He told the court that money laundering was not primary offence, but secondary one and for it to be committed must contain four elements, including predicate offence, placement, layering and integration aimed at disguising the origin of the crime.
“The particulars of the offence must show all the ingredients of the offence concerned, short of which such count cannot stand. It is intolerable for a person to be subjected to rigorous trial proceedings on a charge which is not known in law,” the advocate submitted.
According to him, the accused was required to know the nature of offences he stand charged with, to enable him prepare for his defence. The advocate submitted that fair trial was a principle enshrined under the constitution of the country.
In response to the submissions by the defence, trial attorneys told the court that the objections raised lacked merits and should be dismissed. They submitted that the charge presented was proper and contained all the ingredients of the offence as required by the law.
The prosecutors described as baseless the claims by the defence that they have lodged the case in total abuse of court process, with a view of denying bail to the accused.
They submitted that the charge sheet was duly accepted and admitted by the court before being read over to the accused. After hearing the submissions from both parties, the magistrate adjourned the proceedings to December 4, where he would deliver his ruling.
In the meantime, the magistrate ordered the accused to go to remand pending determination on the validity of money laundering counts. Prosecuting, the trial attorney told the court that between January 2005 and December 2015 in the city, being a public officer employed by the PCCB, Gugai owned properties valued at 3,634,961,105/02 that are disproportionate to his present and past lawful income amounting to 852,183,160/46.
It is alleged that the accused was unable to provide satisfactory explanations as to how such properties came under his ownership. The court heard further that between January and June 2016 in the city, with intent to defraud, Gugai forged 14 sale agreements for different plots.
The prosecution alleged that the accused purported to show that on different dates prior to the said period of time he had sold such plots to Zena Mgallah, Saleh Asas, Arif Premji, Edith Mbatia, Manwal Masalakulangwa, Rose Abdallah and Patrick Magesa, while it was untrue.
Such plots, according to the prosecution, are situated at Mbweni JKT, Gomba Arumeru District, Ununio Kinondoni, Mwambani and Mwakidila Magaoni Tanga, Mwarongo Tanga, Bunju, Kaole Bagamoyo, Buyuni Temeke, BeCentre and Itega in Dodoma and Nyegezi Mwanza.
It is alleged also that within the same period and place, with intent to defraud, Gugai and Makaranga made one false sale agreement showing that Gugai had sold a plot situated at Bunju in Kinondoni Municipality to Makaranga while it was not true.
The court was told further that within the same period and place, Gugai and Aloys forged four sale agreements for plots situated at Nyamhongolo, Bugarika, Biseke and Nyegezi in Mwanza, purportedly showing that Gugai had sold them to Aloys while it was false.
It is alleged by the prosecution also that between January and June 2016 in the city, Gugai and Katera forged two sale agreements for certificate of occupancies for plots situated at Nyegezi in Mwanza showing that Gugai had sold them to Katera while it was untrue.
Prosecuting on money laundering offences, the trial attorneys alleged that Gugai disguised the establishment of true ownership of the plots situated at Mbweni JKT, Gomba Arumeru District, Ununio Kinondoni, Mwambani and Mwakidila Magaoni Tanga, Mwarongo Tanga, Bunju, Kaole Bagamoyo, Buyuni Temeke, Be-Centre and Itega in Dodoma and Nyegezi Mwanza.
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