THE outcome of the trial of three officials with the Tanzania Football Federation (TFF), including former President Jamal Malinzi, who are facing fraud and 800m/- money laundering charges, is now in the hands of the Director of Public Prosecutions (DPP).
This follows new developments on the status of the trial disclosed by the prosecutions, led by Principal State Attorney Vitalis Peter, at the Kisutu Resident Magistrate’s Court in Dar es Salaam, yesterday, when the case came for mention.
The trial attorney told Principal Resident Magistrate Wilbard Mshauri that the file of case on part of investigative machineries has been forwarded to the DPP for his perusal and directions.
“We, therefore, pray for an other mention date while waiting the directives of the DPP on how to go about the matter,” he requested.
Advocate Abraham Senguji, for accused persons, requested for a short adjournment of the case. Under such circumstances, the magistrate granted both requests and adjourned the trial to October 13th, this year.
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, other accused persons charged jointly with Malinzi are his Secretary General Mwesigwa Selestine and Accounts Officer with the federation, Nsiande Mwanga.
The prosecution has filed a total of 28 counts against the accused persons, with Malinzi alone facing 26 charges of forgery and money laundering, while Selestine faces four counts of uttering false documents and money laundering and Mwanga has two money laundering counts.