African Gases Ltd didn’t pay Mohan K150m - witness
By Namatama Mundia
Thu 18 Nov. 2010, 12:01 CAT
A WITNESS from African Gases Limited has told the Lusaka High Court that his company never issued a cheque in the name of Inktech managing director Mathew Mohan. This is in a case where Mohan is jointly charged with Idris Patel and Shabia Patel with the murder of Sajid Itowala.
It is alleged that the trio last July whilst acting together with others unknown, brutally murdered Itowala, the proprietor of Cyclone Hardware.
Testifying in the matter before Supreme Court judge Gregory Phiri sitting as a High Court judge on Tuesday, African Gases Limited director Philip Mumbwe, 67, said during evidence in rebuttal that he did not find any transaction of K150 million payable to Mohan.
He said Mohan did not have any business with his company.
Mumbwe however, said his company only had three significant payments made to a Mr J.C Mathew.
“On 20th March, there was a cheque for K100 million issued by African Gases Limited payable to JC Mathew as advance payment for purchase of a staff bus,” he said.
Mumbwe said the other cheque was issued on April 3, 2009 for K50 million payable to JC Mathew as an additional payment towards the purchase of a staff bus while another cheque was for all the debts his company owed JC Mathew.
He said JC Mathew was well known by their company because of the previous transactions he had with it.
Mumbwe said he knew Mohan as a son of JC Mathew.
And judge Phiri warned Mohan’s lawyer Likando Kalaluka to behave himself.
This was after Kalaluka tried to object to Mumbwe’s testimony saying they were elements of hearsay.
But judge Phiri overruled the objection and advised that the evidence of Mumbwe should flow.
He said Mumbwe is one of the directors of the company and his evidence is from the company records, adding that saying it is hearsay would be extending it too far.
Kalaluka apologised to the judge who warned him against what he termed silent reaction.
Another lawyer representing Mohan, Bonaventure Mutale applied for an adjournment of cross-examination because the defence want to cross-examine Mumbwe on the bank statements.
The matter comes up on November 29, 2010 for cross-examination.
Labels: INKTEK, MATTHEW MOHAN
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Court finds Mohan, Patel brothers with case to answer in murder case
By Maluba Jere
Thu 16 Sep. 2010, 04:01 CAT
SUPREME Court judge Gregory Phiri has found Inkteck managing director Mathew Mohan and two brothers with a case to answer in a matter where the trio is alleged to have murdered Cyclone Hardware director Sajid Itowala.
This is in a matter where Mohan, Shabia Patel and Idris Patel are indicted on a charge of murder contrary to Section 200 of the Penal Code CAP 87 of the Laws of Zambia.
Particulars of the offence allege that the trio on July 21, 2009 murdered Itowala. The trio pleaded not guilty to the charge.
Ruling on whether or not the trio had a case to answer, Judge Phiri sitting as Lusaka High Court judge said the prosecution had established a prima facie case against all three accused persons.
He said he had carefully considered the submissions by both parties as well as the evidence by all the 28 prosecution witnesses.
Judge Phiri noted that the prosecution had presented a mixture of evidence in form of direct, real and circumstantial.
He explained that the evidence on record had established that Itowala was murdered in cold blood in broad daylight after he was abducted from House number 1 Ngulube Road in Woodlands.
On the evidence by Lusaka lawyer Frank Tembo who testified that he had no hand in Itowala’s murder but that he and Mohan had a lawyer-client relationship, judge Phiri said that was far from the truth saying there was no doubt that his Tembo involvement was to erase all the evidence implicating his client.
“…Frank Tembo took charge of A1 Mohan from Pamodzi Hotel, he gave him a lift up to the point where he disposed off the murder weapon at the Great East Road. This is clearly far from the truth that his was a lawyer-client relationship,” judge Phiri said.
He also said Tembo was an accessory to Itowala’s murder adding that the prosecution evidence had established that all the conspirators were paid cash values in various amounts to stop them from revealing what they had seen.
Judge Phiri said that behaviour was typical of conspirators in financed murders.
However, judge Phiri said there was no evidence linking the Patel brothers to Itowala’s murder.
He further said it was highly unusual that criminal investigations department (CID) chief for Lusaka could be summoned by a private individual to pick up a person Tofik Danga already on the police wanted list.
“The conspirators had nothing to fear and they cared less. They committed the offence in broad day light and as far as they were concerned, they are rich and powerful and played a game of being connected to police officers and even had a lawyer,” judge Phiri said.
He said the conspiracy leading to Itowala’s death was deep and that justice would be well served if all those named in the conspiracy are given their day in court to explain.
Mohan’s lawyer Bonaventure Mutale told the court that his client would give evidence on oath and intended to call a number of witnesses.
Mumba Kapumpa who is representing the Patel brothers said his clients were not sure whether to give evidence on oath or remain silent and asked for an adjournment to decide on the way to proceed with the matter.
Judge Phiri has adjourned the matter to October 18 and 19, 2010 for defence.
Labels: COURTS, INKTEK, MOHAN MATTHEWS, MURDER
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Fugitive Mohan re-captured
Written by Maluba Jere
Tuesday, September 15, 2009 4:54:27 AM
INKTECK managing director Matthew Mohan has been recaptured, Police spokesperson Bonny Kapeso has confirmed. In an interview earlier today, Kapeso said Mohan was recaptured on Sunday morning within Lusaka and that he was currently in police custody.
“Yes I can confirm that Mohan has been recaptured here in Lusaka by the Zambia Police officers,” he said. “He is now in custody and in cuffs.”
Mohan escaped from police custody about two weeks ago after appearing in court.
On the day he escaped, Mohan had appeared before Lusaka Magistrate Mwaka Mikalile on another charge.
After the court appearance, Mohan who was in the company of a prosecutor was left alone at Ridgeway Police post from where he escaped.
Police in Lusaka last month picked and arrested Mohan in connection with the murder of Cyclone Hardware director Sajid Itowala.
Sources disclosed that Mohan was picked up on August 3, 2009 to help with investigations in Itowala’s murder.
When contacted for a comment, police spokesperson Bonny Kapeso confirmed Mohan’s arrest but could not give further details.
The sources said police were investigating Mohan on charges of accessory and complicity to Itowala’s murder.
The sources disclosed that three other people apart from Mohan had also been arrested to help with investigations.
The sources added that police were investigating armed robbery and abduction charges, which led to the murder of Itowala.
Labels: INKTEK, MOHAN MATTHEWS
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Man-hunt launched after murder suspect Mohan escapes
Written by Staff Reporters
Tuesday, September 01, 2009 4:25:58 PM
An extensive man-hunt has been launched by police following the escape yesterday of Inktek managing director Mohan Matthews, who is facing charges of murder. And police service spokesperson Bonny Kapeso has confirmed the arrest of two police officers and the prosecutor for criminal negligence following the Mohan’s escape.
Mohan is reported to have escaped from police custody after appearing for mention at the magistrate’s court complex in Lusaka.
He, and two others, are charged with the recent murder of a Zambian businessman of Asian origin, who was tortured before being killed. The deaceased’s body was found dumped in his vehicle in Lusaka’s industrial area.
And Kapeso said Commissioner of Police Graphael Musamba had directed that three officers, including a public prosecutor, who were guarding Mohan when he escaped, be arrested and charged with criminal negligence.
Kapeso said Mohan’s escape when he was being guarded by the trio had raised suspicion hence the directive to arrest the officers.
He explained that police procedure demanded that anyone facing a serious offence such as murder be handcuffed and guarded at all times.
“It is shocking therefore to learn that Mohan was casually left unguarded and before two female police officers without taking police precaution regarding the murder suspect,” Kapeso said.
He further disclosed that all border exits points were on high alert as the police service as Mohan was a dangerous criminal who could use disguised travel arrangements.
Labels: COURTS, INKTEK, MOHAN MATTHEWS
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