THE Kisutu Resident Magistrate’ s Court yesterday f ound Simba Sports Club three former senior leaders with case to answer on 3 00,000 US dollars ( about 600m/-) fraud counts, but dismissed two money laundering charges against Chairman, Evance Aveva and his Deputy, Geoffrey Nyange.
Consequently, Principal Resident Magistrate, Thomas Simba, who is conducting the trial before the Dar es Salaam Court, proceeded to grant bail to the duo as they were in remand since their first arraignments since 2017 because money laundering count is not bailable.
He ordered the two then leaders of the club to secure bail on conditions of securing two reliable sureties each with identification letters and cards.
Every surety, according to the magistrate, was required to sign bond of 30m/-of the like sum. Delivering his ruling, the trial magistrate said that the prosecution, through 10 witnesses made out a “prima facie” case sufficiently requiring Aveva, Nyange and the “Msimbazi Street” Club Registration Committee Chairman, Zacharia Hans Poppe to give their defence evidence against eight counts.
However, the magistrate ruled, the prosecution led by prosecuting attorney with Prevention and Combating of Corruption Bureau (PCCB), Leonard Swai failed to establish such a case for ex-Club’s Chairman and Vice-Chairman to enter defence evidence against two money laundering charges.
Following the court’s decision, all the three accused persons will be brought to the court today for bail consideration and presentation of their defence case against the fraud counts.
Facts of the case show on March 12, 2016, the Club was paid 319,212 US dollars by Etoile Sportive Du Sahel, a sports club based in Tunisia.
Such amount was transfer fees of Emmanuel Okwi to Etoile Sportive Du Sahel.
The amount was credited in Simba Sports Club bank account held at CRDB Bank Plc Azikiwe Branch where Aveva and Nyange were signatories.
Upon credit of the amount, on March 15, 2016, a sum of 300,000 US dollars was transferred to Aveva’s personal account held at Barclays Bank.
Such transfer was effected using transfer of fund request form dated March 15, 2016 which was submitted to CRDB Bank, Azikiwe Brach by (Aveva).
This form was signed by both (Aveva and Nyange).
The payment details in the form were loan repayment,” reads part of the memorandum of facts.
It stated by the prosecution that such transfer of money had no authorization from the Club Executive Committee and that Simba Sports Club has never borrowed the said money from Aveva.
The prosecution further told the court that upon the credit of the amount into personal account of Aveva, who is the sole signatory, the money was withdrawn in cash in different lots by him.
Out of the 300,000 US dollars, Aveva allegedly transferred 62,183 to Ninah Ghuanzhour Trading Company Limited as cost for purchasing artificial turf for the club’s play ground at Bunju, Kinondoni Municipality in Dar es Salaam.
According to the prosecution, 50,000 US dollars was paid to Lauwo, who is owner of Ranky Infrastructure and Engineering Limited as cost for the construction of the playing ground.