MOMBASA, KENYA: Senior Assistant Director of Public Prosecution Alex Muteti has said that Anti Banking Fraud Investigation Unit has taken over investigation into Tahir Sheikh Said TSS Sh 9 billion scandal.
Muteti told Mombasa Senior Principal Magistrate Francis Kyambia that since Anti Banking fraud detectives took over the case, DPP was unable to supply the defence with statements from the police.
Muteti said this after four suspects in the Sh. 9 billion scandal complained that despite the court having ordered they be supplied with the statements they had not done so.
"I am made to understand that Anti Banking fraud has now joined the multi agencies investigating the matter from Criminal Investigation Department at Urban. They are having police file containing the statements and that is why I cannot supply the defence with the statements"said Muteti.
Muteti who was responding to the defence's complaints that they had not got any statement from DPP insisted DPP does not investigate criminal matters. He said they rely on what the police had supplied them with and since done they were asking for more time.
The suspects are a British national Awey Ahmed Mohamed, his brother Zein Mohamed Ahmed , Zahiz Abas Khala TSS former financial controller and Mwangi Muturi former TSS Chief Executive . Muturi is also a former employee of commercial bank in the town.
Zain is a relative of the first wife of TSS. TSS was one of the Coast most accomplished businessman with vast interest in several parts of the country and other parts of the World. He died early this year a broke man as his business empire crumbled slowly.
Sources confided to the Standard that the detectives are investigating into claims that some of the suspects had bought two buildings housing a bank along Moi and Nkurumah avenue in the town.
Muturi's lawyer Gikandi Ngibuini told the magistrate that the prosecution was violating the rights of his clients by failing to supply them with statements of the witnesses in the case.
The four have denied charges of fraud and stealing Sh 9 billion using forged signature. Detectives believe the looting of TSS property involved his relatives with the help of a fraud star believed to be operating near TSS building whose title was used to get loans from some banks.
The accused have denied that on February 8 2011 they used forged deed guarantee and indemnity to secure a loan of Sh 1.5 billion from Kenya Commercial Bank.
The suspects have also denied charges of using forged documents to secure loans from the banks claiming they had been signed by Tahir Sheikh Said.
The accused were ordered to come back on March 23 when the magistrate will decide to listen to the application of Director of Public Prosecution in which they want Gikandi stopped from representing Muturi over claims he was representing TSS before the suspects were arrested in connection with the theft.
Gikandi insisted there was nothing wrong with him representing the suspects despite having had an opportunity to look at the documents being using in the prosecution of the suspects.
