BY SAM ALFAN.
Ex-Chase Bank Chairman Mohammed Zafrullah Khan to spend the night behind bar’s pending bond ruling.The trial Magistrate Martha Mutuku directed the accused to be detained at Kileleshwa police station until tomorrow after Director of Public Prosecution sought Mr Khan be denied bail.
The prosecution objected to Khans release on bail saying that he’s a flight risk adding that he’s still being investigated of over the loss of 10 billion shillings money belonging to depositors.
Lawyer Cecil Miller however objected to further detention of his client saying that Khan is entitled to bail and remains innocent until proven guilty.
According to affidavit by investigating officer Julius Musoga says due to amount of money involved, the accused is likely to abscond.
“Owing to the nature of the case, the accused be denied bond since we have a number of his accomplices who are yet to be arrested” said investigating officer.
He was arraigned in court this morning over conspiracy to defraud chase Bank Limited over 1.6billion shillings and stealing charges.
Mr Khan pleaded not guilty to all the five criminal counts pressed against him.
He answered to the charges after senior principal magistrate Martha Mutuku dismissed Khans application to have the plea deferred to another day to allow him travel abroad for medication.
Earlier in the day, lawyer Cecil Miller, wanted the plea to be postponed on grounds that the DPP acted irrational after the accused obtained orders from the High Court yesterday allowing his passport to be released to him so he could leave for the US to seek medical treatment for 30 days.
“If charges are prematurely referred to my client then chances of him entering America will be zero, “argued Miller
Cecil Miller, told Senior Principal Magistrate Martha Mutuku that there is mischief in the manner in which Khan was arrested and is now set to be charged.
Miller submitted that due process has not been followed by the prosecution adding that Khan has not been served with all the exhibits to be used in the case.
He demanded that the prosecution provide the defense with KPMG report, signed delloite audit report, Management report from Deloitte and CBK inspection.
“This plea must be differed, the plea is premature and is aimed at preventing my client from seeking emergency health care, “argued Miller.
It is Miller argument that Khan has never written any statement in regard to the charges been preferred.
However the prosecution opposed to the application saying that the accused wants to escape prosecution.
Senior Deputy Director of Public prosecution Mungai Warui said that if the plea is postponed to another date then they are not sure whether Khan will come back to answer to the charges or not.
The Dpp submitted that nothing has been submitted before the court to warrant the plea to be taken to another date.
Mr Warui said that the Dpp has the right to prefer charges and Khan cannot dictate on when he will answer to the charges.
Mr Warui said that he reads mischief on the accused side because he went to the court after the DPP had written letter to CID recommending his prosecution
‘When the Dpp wrote to CID, the accused rushed to the high court seeking to go to USA for medical treatment. That is where his family resides and he owns vast estates there. It is clear indication of someone who wants to run away,” said Warui.
The trial magistrate dismissed Miller application and directed the accused to take the plea.
“I find no prejudice if the the accused take plea and I find no merits in defence application and can upon the accused to take plea” ordered magistrate.
According to the charge sheet presented before the court it is alleged that between 28th of August 2009, and March 31st 2016 at Chase Bank Headquarters in Nairobi with intent to defraud Chase Bank Limited by means of falsely pretending that the disbursement of over 1.6 billion shillings Khan and six others they effected from Internal account of Chase bank to the accounts of Camelia Investment Limited, Cleopartra Holdings Limited, Golden Azure Limited and Colnbrook Holdings Limited were genuine Loan facilities to the entities and were disbursed in the ordinary course of Loan process Flow.
The bank was placed under receivership for 12 months after experiencing liquidity difficulties leading to a loss of Sh686 million for the financial year 2015.
Trial Court will deliver the ruling on whether he will be released on bail.