Court frees 2 over fraud

Friday, April 3, 2009 (Page 3 )

THE Accra Circuit Court yesterday acquitted and discharged two directors of Searock Travel and Tours who had been accused of defrauding the Agricultural Development Bank (ADB) to the tune of GH¢90,000.
Mr Rajesh Mirwani and Mr Naresh Mirwani, both Indians, were acquitted after the court had upheld a submission of ‘no case’ by their counsel, Dr Josiah Aryeh, after the prosecution had closed its case.
The two had been charged with conspiracy and defrauding by false pretence.
In acquitting the two, the presiding judge, Mrs Elizabeth Ankumah, stated that the prosecution failed to establish a prima facie case against them and for that matter the court could not call on them to open their defence.
The two were alleged to have committed the offence in September 2007.
Four witnesses were called in the trial, which commenced on November 23, 2008.
Two others, namely, Kwame Sekye, the Managing Director of Rangers Security Limited, and Samuel Babbington Norteye, unemployed, had, in the course of the trial, pleaded guilty to the offence.
The court convicted Sekye and fined him GH¢1,200 or in default serve three years’ imprisonment with hard labour.
Sekye admitted introducing Babbington to Naresh and Rajesh to aid them to secure an indenture for the GH¢90,000 loan from the ADB. Babbington was also fined GH¢1,000 after he had pleaded guilty to aiding Rajesh and Naresh to use a property belonging to the late Miguel Augustus Ribeiro to secure a loan from the ADB.
He also presented himself to the bank as the owner of the building, which belonged to the late Ribeiro.
According to the facts of the case, Sekye and Babbington also signed the contract of indemnity on behalf of Naresh and Rajesh.
Sekye and Babbington were allegedly given GH¢5,000 as their share of the GH¢90,000 obtained from the bank.
Naresh and Rajesh were said to have closed down the travel and tour agency, absconded and failed to repay the loan.
In the course of the trial, the prosecution, however, failed to lead evidence to warrant the court to order Rajesh and Naresh to open their defence.