Mar.10, 2010

MAHTANI Group of Companies lawyer, Zaheeda Essa and 11 other workers yesterday took a fresh plea of not guilty to the charges of obstruction of justice after the State made amendments of the charges.

Essa and 11 others last month pleaded not guilty to obstruction of authorised officers contrary to Section 26 of the Prohibition and Prevention of Money Laundering Act number 14 of 2001.

However, Essa and other employees yesterday denied the same charge after Drug Enforcement Commission (DEC) prosecutor Gracilia Mulenga made amendments and included Section 26 (e) and 26 (a) to the charge.

Section 26 (a) of the Prohibition and Prevention of Money Laundering Act states that any person, who obstructs, assaults, hinders or delays authorised officer in the lawful exercise of any powers conferred on the officer by or under this Act commits an offence.

Section 26 (e) states that any person who fails to produce, conceals or attempts to conceal any property, document or book in relating to which there is reasonable ground to suspect that an offence has been or is being committed under this Act or which is liable to seizure under this Act commits an offence.

The changes of the charges were made after Essa's lawyer Musa Yusuf made an application to amend the charges because the offence in both counts was similar.

Mr Yusuf made an application to amend the charge sheet when the matter came up for commencement of trial before chief resident magistrate Charles Kafunda.

In his application, Mr Yusuf said that there was vagueness of charges in both counts in that the prosecution had not specified under which sub section of Section 26, the accused were charged.

Mr Yusuf said that the State should avail the accused persons with a warn and caution statement so that the accused would be able to prepare their defence adequately.

But Ms Mulenga said the State was not obliged to avail the accused persons with the documents they were asking for but the prosecution team would amend the charges.

She also said that the issue of duplicity did not arise because the charge sheet was drawn in accordance with the law.

Mr Kafunda said in his ruling said the State should amend the offences because it was possible to change the charges and the State indicated they could do so.

He also said the State was not obliged to avail the accused persons or defence the warn and caution statement because the onus was on the State to provide the defence with the documents or not.

This is in a case in which Essa is charged alone in the first with obstruction of authorised officers contrary to Section 26 (e) of the Prohibition and Prevention of Money Laundering Act number 14 of 2001.

In the second count Essa is charged with 11 other employees for obstruction of authorised officers contrary to section 26 (a) of the same Act.

Particulars of the first count were that Essa was alleged to have between February 13 and 15, 2010 with other unknown persons as a Mahtani Group of Companies legal counsel obstructed authorised officers by failing to produce original share transfer forms for Zambezi Portland Cement documents to which there was reasonable ground to suspect an offence had been committed under the Prohibition and Prevention of Money Laundering Act.

It is alleged in the second count that Essa and 11others on dates unknown but on or about February 15 2010 jointly and while acting together with unknown persons, obstructed, hindered, and or delayed authorised officer from DEC from exercising power conferred on them under the same Act.

Essa, a Briton, is jointly charged with company manager, Zeyaur Rahman Hashmi (Pakistan national), consultant, Anthony Grant (United States national) and leasing officer, Rajeshvary Joshi from India.

Others jointly charged with Essa are messenger, Wilson Shamboko, management secretary Parvathi Nachimuthu receptionist Mercy Nkashi, deputy manager, Bridget Banda, security officer, Nyambe Namushi, driver, Mukumbuta Wamuleme, secretary, Agness Njekwa and support staff, Jean Kunda.

The matter comes up today for trial.