BY PHEOBE WANJOHI.
The prosecution will call eight more witnesses in a case in which three Kenyans and a Bulgarian national are charged with obtaining millions in fake gold deal.
The prosecution disclosed this after two witnesses testified in the case.
During the hearing, senior sergeant Anthony Nyabuti told the court that his colleague Sergeant Musembi called him and informed him there was a case of obtaining, which he wanted him to assist in following it up.
He testified that the complainant said they were meeting at Fairmont plaza parklands area with two of the accused persons- Mohammed Akabar Rashi and Yulian Stankov Pentrov.
After receiving the said information, the officers laid an ambush but the suspects never showed up. “We received intelligence that they were at Lavington mall,” the officer testified. He added that at about 9.30 the complainant saw the suspects and pointed them to the officers.
He said they picked them and went to CID Headquarters where they did further interview with the complainant and interrogated the suspects.
In the case, Rashi alias Among Ganthi, Pentrov alias Victor Rosa (Bulgarian), Joshua Gaya Anyanga and Hezron Nyabola Nyagela are accused of obtaining approximately Sh3 million from Laxmi Narian Jindal.
They are alleged that on diverse dates between February 27 and April 27, 2019 jointly with others not before court with intent to defraud, they obtained 30850 USD (approximately Ksh 3,085,000) from Jindal by pretending that they were in a position to sell 10 kilograms if gold, a fact they knew to be false.
Nyagela is also charged with making and possessing a fake national identity card while Pentrov is charged with being unlawfully present in Kenya.
Nyabuti further told the court that the complainant gave the suspects USD 6800 (approximately Sh 680,000), 19,250 USD (approximately Sh 1,925,000) and another 4800 USD (approximately Sh480,000) for the alleged gold consignment. He said the suspects then gave them proforma invoices signed by Rashi and Pentrov, while at Africargo International.
The officer added that the complainant told him that he was told by the suspects to go to Dubai and wait for the consignment as they went to register. After failing to get the consignment as agreed, he came back to Kenya.
He further testified that the accused persons later told the complainant later promised to redirect the consignment to Uganda and he flew with them to Entebbe.
“While at Uganda, they showed him the same consignment and demanded additional cash. The complainant did not have any to add on and this is when he realised he had been conned,” he testified.
He said they took two suspects to Muthaiga police station where we booked them and the other two were arrested later.
This is after the hearing of the case on 4th March where two witnesses testified in the matter.
They denied the charges and were released on bail pending the hearing and determination of their case.
However, during cross-examination, the officer contradicted himself by telling the court that he never investigated the case, that his only role was arresting the accused persons.
“I joined the other officers but did not investigate. I only arrested them,” the Senior Sergeant told the court.
The court heard the police arrested the accused persons even before a complaint was made since according to dates on court documents, they were arrested a day before the complaint was made.
The witness added that he never asked for the passport of the complainant and he did not know whether he was a businessman.
In addition, he never asked about the origin of the foreign currency used by the complainant or how it was acquired.
The hearing continues on April 29.
