Simeza initiated plans to bribe judge, magistrate — Mohan
Tuesday, October 19, 2010, 8:26
INK Tech managing director Mohan Mathews yesterday told the Lusaka High Court that Lusaka lawyer Robert Simeza allegedly initiated the plans to bribe a magistrate and judge to secure the bail of his convicted client, Rathi Kumar using the late Sajid Itowala.
Testifying in his defence before Supreme Court Judge Gregory Phiri sitting as High Court judge, Matthews said Mr Simeza was the one who introduced the deceased to him so that they could work together and help Kumar flee the country.
Matthews testified that the magistrate was allegedly first paid K150 million by the deceased after getting it from him and in turn the magistrate advised Rathi to behave like a mental patient in court.
This move was meant for him to recommend Rathi to go for a mental check up at Chainama Hospital, which was done and later be assisted to flee the country from the mental hospital.
This is in a case where Mohan, is jointly charged with Crown Paints brothers Idris and Shabir Patel with one count of murder.
It is alleged that the trio in July last year, whilst acting together with other persons unknown, murdered Itowala.
He told the court that earlier Mr Simeza had allegedly asked him to inform Rathi that they come up with plans to assist him flee the country and signed a cheque to purchase two air tickets, for Rathi not in his real names and the one for his mother in law, a Mrs Pitti.
Mr Simeza then organised to meet a National Airports official Fred Malama who was also allegedly bribed to ensure that he helped him with a check-in plan prior to the duo’s arrival at the international airport and he gave them two boarding passes.
He said on April 29 last year, Mr Simeza allegedly organised everyone involved alongside Rathi’s mother-in-law and they all went to Chainama to assist Rathi escape from hospital enroute to the airport.
“Shaun and Chileshe broke the main gates to Chainama mental prisons, switched off the lights but were disturbed by the alarm system and immediately ran away before they could rescue Rathi. The security men rushed to the prisons section and got Rathi back to Kamwala Remand Prisons.
Matthews said Mr Simeza allegedly advised him that there were so many ways of killing a rat and that Rathi’s father would be in the country to sort out the mess, and when he arrived he called for a meeting with Sajid.
It was at this point that Sajid allegedly told Rathi’s father, Mr Simeza and Matthews that he needed more money to assist Rathi with bail since by then he had already been convicted to four years.
He said his father organised altogether US$750,000, $450,000 for the judge who was going to handle the bail at the High Court and the $300,000 for the magistrate who allowed the bail application.
The defence continues today.
[Times of Zambia]
Labels: BRIBERY, MATTHEW MOHAN, MOHAN MATTHEWS, ROBERT SIMEZA
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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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Pace of Mohan case disappoints magistrate
By Maluba Jere
Sat 14 Nov. 2009, 04:00 CAT
LUSAKA magistrate Mwaka Mikalile has expressed disappointment at the slow pace the case in which Ink-Tech managing director Matthew Mohan is charged with obtaining goods by false pretences is moving.
When the matter came up for continued trial yesterday, magistrate Mikalile said the case had dragged for too long and that it was time the prosecution concluded the matter.
This is the case in which Mohan is jointly charged with Alpine Pipi for obtaining goods by false pretences contrary to Section 309 of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence allege that Mohan and Pipi on November 9, 2007 obtained 50 radios, nine batteries and one motorbike all valued at K67, 200, 014. 71 from Rolf Pfeifer.
Magistrate Mikalile told the parties in the matter that she would be going on leave and that she did not want to return from leave and attend to that particular matter at the same pace.
“I will be going on leave very soon and I do not want to come back from leave and attend to this matter at the same stage of prosecution. To move fast, I suggest that we give the case three clear days,” magistrate Mikalile said.
She also noted that the matter had dragged for a long time as it would be clocking two years next month and yet the case was still at prosecution stage.
Magistrate Mikalile said she would allocate three days to the matter and that it would commence with or without the presence of Mohan’s lawyers.
She said she would expect oral submissions from both parties at the close of the case by the state in order to expedite the matter.
Magistrate Mikalile’s directive came as a result of an adjournment made by the defence team that Mohan’s lawyer Kelvin Bwalya was not before the court because he was committed to another matter.
But the State objected to the application saying the matter had dragged for a long time and hence the court should dismiss the application for an adjournment.
The matter comes up on December 11, 2009 for continued trial.
Labels: COURTS, MOHAN MATTHEWS, MWAKA MIKALILE
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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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