20170830 TZCA Dar es Salaam

20170830 TZCA Dar es Salaam

The court held that offences of money laundering are not bailable under the law, and that at the stage prior to committal for trial, the High Court lacks jurisdiction to assess the sufficiency of the particulars in the charge sheet or to strike out counts. The application for bail is therefore unmaintainable and dismissed.

Citation
20170830 TZCA Dar es Salaam
Parties
Applicant: James Burchard Rugemalira; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 August 2017
Procedural Posture
Bail Application (misc. Economic Cause) / Ruling on Bail Application Prior to Committal for Trial
Outcome
Application for bail dismissed
Legal Topics
Bail, Money Laundering, Jurisdiction, Charge Sheet Particulars, Committal Proceedings
Source Language
English
Criminal Law Economic Crimes Bail Law Bail Money Laundering Jurisdiction Charge Sheet Particulars Committal Proceedings

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Parties

James Burchard Rugemalira

Applicant

The Republic

Respondent

Procedural Posture

Bail Application (misc. Economic Cause) / Ruling on Bail Application Prior to Committal for Trial

Legal Issues

  1. 1 Whether the charged offences of money laundering are bailable
  2. 2 Whether the High Court has jurisdiction at this stage to assess the sufficiency of particulars in the charge sheet
  3. 3 Whether the particulars in the charge sheet establish the offence of money laundering

Ratio Decidendi

The court held that offences of money laundering are not bailable under the law, and that at the stage prior to committal for trial, the High Court lacks jurisdiction to assess the sufficiency of the particulars in the charge sheet or to strike out counts. The application for bail is therefore unmaintainable and dismissed.

Court Disposition

Application for bail dismissed

Orders

  • Application for bail is unmaintainable and is hereby dismissed