Veteran lawyer, Cecil Miller, managing partner, http://milleradvocates.com/ objected to the prosecution of two suspects caught up in the whooping Ksh1.6 billion Chase Bank fraud case and won an instant reprieve for the couple whose only offense seems to spring from having received a loan from the blacklist financial institution.
The lawyer has once more questioned the validity of the charges facing Amira Claudia Wagner Khan and Mohammed Nasrullah Khan, after the BFID accused them of stealing Ksh58 million from Chase Bank and participating in a conspiracy to defraud the bank.
“We have complied with summons for the 7th and 8th accused…I have filed an application served to the DPP which should be dealt with prior to the seventh and eighth accused persons taking plea, of which if successful then the issue of plea will not arise,” Miller said.
He said they are mounting a challenge against the charge sheet’s validity since as far as they are concerned “it is defective” in relation to Claudia and Nasrullah who in a Notice of Motion Miller states, only approached the bank for a loan as directors of Golden Azure Investments Ltd in 2012- and were advanced a loan they have diligently repaid to date.
The application by Miller, the court ruled, had merit and had to be dealt with first before the case proceeds.
Dismissal or exclusion
Miller wants a dismissal or exclusion of the charge facing his clients.
He states that though the DPP wants to charge Wagner and Nasrullah with stealing in ” actual sense they had advanced a loan facility from Chase Bank…”
Miller states in a certificate of urgency filed in court that they simply approached a financial institution for financing to purchase a property and like any other ordinary customer, were advanced a loan facility…
Prosecutor Warui Mungai had objected to the deferral of the “plea taking.”
Court filings indicate that in 2012 the applicants approached Chase Bank with intention of purchasing a property from Drunit Investments Limited.
“The loan of USD 588,000 was disbursed to the applicants by Chase Bank Ltd. through Golden Azure Investments on January 7 2015….” the court documents read.
The court papers state that the security of the said loan facility was handed over to the bank being the Title Deed of the aforementioned property.
“Count number eight is defective in relation to the 7th and 8th accused and they should not take plea,” Miller charged.
Warrant of arrest
A warrant of arrest was however issued against two other suspects in the case after the court punished them for their absence in court!
Warui said he was aware Ahmed and Gharish Omar have since presented themselves to Banking Fraud investigators and were expected in court.
A lawyer representing the suspects told the trial court they expected the charges to be withdrawn, but was questioned why he did not bring his clients to court even after receiving summons on their behalf.
Miller’s application will be heard on September 7 2017.