The DPP erroneously charged a couple with stealing Ksh58 million from Chase Bank but in actual sense, they had borrowed the money to buy a property whose title was deposited as security against the loan, veteran lawyer Cecil Miller has told a trial court in Nairobi. See what he said in this video
He was making submissions in a case in which Amira Claudia Wagner Khan and her husband Mohammed Nasrullah Khan are caught up in the whooping Ksh1.6 billion Chase Bank fraud case.
‘They have been paying back the loan as any other customer…this facility was already being paid before the bank collapsed, and they have continued paying after the collapse, furthermore they have been in communication with the bank on the loan status, and I submit that these were not stolen funds but a loan facility,” the lawyer submitted. See video below
Miller told the court that the bank itself refers to the funds in question as ” loan status” and in effect, there was no resultant blockage of accounts as naturally follows in cases of stolen funds.
He produced a copy of correspondence where the bank tells the couple to “kindly arrange to clear the arrears-being arrears of the loan in question.”
“The DPP charged borrowers…how was the Ksh58 million a subject of theft,” Miller wondered and added that the money in question was genuine loan facility. Watch video below
He said the charges against the two fall below par “by virtue of failure to disclose particulars necessary-how did they steal, how much did they get?” the lawyer posed.
He said the nature of the charges as drafted do not disclose an offence, neither is taking a loan and being in arrears an offence.
Miller said the false accusations are defective and that the suspects should not answer to them.
Prosecuting counsel Warui Mungai, dug in, insisting that the prosecution be given an opportunity to prove that the money in question was not a loan. See video
Miller also raised an objection to a charge of conspiracy to defraud Chase Bank which lumps the couple with the institution’s former directors and went to great lengths to prove that they were not, and have never been directors of Chase Bank.
He also said the couple had been charged merely because Nasrullah is a blood brother to Zafrullah Khan, the bank’s chairman, a fact the prosecution knew all along during investigations.
A ruling on whether to free the couple will be on October 3 2017.