Mwale, who is in custody in the central prison in Arusha Region of Kisongo outskirts of the city of

Charge Resident Magistrates Court imewaagiza Arusha District Director of Criminal in (DPP), the Commissioner General of Tanzania Revenue Authority (TRA) TRA Regional Manager Arusha again the seven cars and mobile phones prominent lawyer in Arusha, mediam Mwale, who allegedly obtained money laundering.
Reading the verdict in the criminal case number 330/11 last week, Resident Magistrate Charles in Charge Gesa, said after reviewing the evidence of both sides, the court is satisfied that the authorities arrested these vehicles illegally fruits of crime (Proceeds of Crimes wsep Act) including sections 41 and 44 of the law of criminal proceedings.
"Capturing it is illegal due to the action of the prosecution to capture these vehicles, so the court requires that the Director of Criminal Procedure in the Office of the Commissioner General of TRA in the Manager of TRA Arusha Region who were involved in the process of capturing ensure all again the accused to his house were koyachukua, wsep "said the judge.
Vehicles which the court ordered the defendant returned home to a variety of T 690 BEW Range Rover, T 643 Land Rover Discovery BTS, BTS BMW T 907, T 118 BRS Cadillac Escalade, Land Cruiser APX T 499, T 520 BBJ BMW, which were taken in November Saturday with the car T 660 BCG Toyota Chaser lililokamatwa December 8, last year.
Mwale, who is in custody in the central prison in Arusha Region of Kisongo outskirts of the city of Arusha wsep due to its case against wsep her worthlessness, gave a complaint in court on December 20 last year by naming an official of Police, Suleiman Nyakulinga, that he came home with colleagues to take these vehicles without a court order.
Aliieleza court that after these cars were suggested to be taken office TRA Arusha region without the presence of the Radical because these vehicles wsep arrest, so ask the court issue an order for his release were captured contrary to section 28 of the Act to control money laundering and section 24 of the Constitutional Law of the United wsep Republic of Tanzania of 1977.
Following the complaint, Grace Ringo attorney, counsel asked the court to postpone it so he could do research related to the accused and further complaints be in a better position to respond.
The Court agreed to the request and the trial were scheduled to continue again on January 5 this year. however, that day arrived all government lawyers riding trial lawyer did not appear in court except one.
Government lawyer had informed the court that the lawyers failed to arrive after experiencing other functions, however the court ikuridhika and therefore, wsep so arrange to make a decision on January 19, this year.
Even so, January 19 Judge Gesa who hears this case was not present and the case was adjourned until January 31 this year where also the judge was not present and the case postponed to February 22 this year where the prosecution led by Senior State Attorney, Ms Mlay gave his defense by letters , where the court stated that these vehicles can yakuchukuliwa by police wsep but by TRA officials related to tax matters. wsep
He said that the presence of the police officers during the exercise Do not associate the defendant assumed that ones who take these cars but they charge abstractions. Contended that the car number wsep T 520 BBJ attorney accused lilikabidhiwa to 18 August 2011 and on the number of accused said that his zikurejeshwa because police wsep were sent to the unit of observation.
However, Judge Gesa in his judgment that he explain the court that the accused had itaarifa court that he sent his brothers TRA inquiring about his cars where his relatives were informed by officials of the TRA that these vehicles were captured at the direction of Assistant Commissioner of Police (ACP) ESA Mmari, for his letter of December 15 last year by relatives of the accused were given a copy of the letter.
He added that it is important to understand the original before that the accused is still the only suspect and innocent person unless it otherwise by the prosecution, so he should be treated as an accused and not as someone who has been convicted.
"The main argument is that his cars with his friends seized wsep and taken without regard to the law, the offenses for which the accused has been charged with it are under the control of money laundering of 2006 and Section 28 of the Act provides that the order of capture, collection information, expropriation or capture and control of the property will be as it is under the law of the fruits wsep of the crime (Proceeds of Crimes Act & The Criminal Procedure Act 1991).
"The law of the fruits of the crime of 1991 provides for the manner of one property yotiwa convicted or who is charged with offenses relating to the sh