By Jude-Ken Ojinnaka
The defence on Friday closed its case in the trial of a Malaysian, Tan Ah Chai ( now deceased) and his company, Coastal Asia Investments Limited charged by the Economic and Financial Crimes Commission (EFCC) before a Lagos State Special Offences Court sitting in Ikeja over alleged fraud of 250million Euros
Consequent upon the closure of the defendants case, the trial judge Justice Mojisola Dada adjourned till September 22, 2023 for the adoption of final written addresses by parties.
The trial judge fix the date after the defence counsel informed the court of closing their case after cross-examination of the prosecution witness.
Recall that Richard and his company were first arraigned by the Economic and Financial Crimes Commission (EFCC), on May 22, 2019, on a five-count charge bordering on forgery, use of false document, conspiracy to forge, and an attempt to obtain money by false pretence to the tune of €250,000,000.00 (Two Hundred and Fifty Million Euros).
Richard had pleaded “not guilty” to the charges, which prompted the commencement of trial, during which the prosecution called a witness.
However, in the course of the trial, Richard reportedly died in prison custody, necessitating the need to amend the charges.
The prosecution had on January 28, 2022, approached the court with an amended charge.
One of the counts in the amended charge reads:
“Tan Ah Chai Richard (Deceased), Coastal Asia Investments Limited, and Dr. Sawang Jana (still at large), on or about the 27th September 2018 at Lagos, within the jurisdiction of this Honourable Court, with intent to defraud, conspired to commit a felony, to wit: forgery of Swift Telex Advice dated 27th September 2018, indicating transfer of the sum of €250,000,000.00 (Two Hundred and Fifty Million Euros) to Coastal Asia Investments Limited account with Polaris Bank Plc (formerly Skye Bank Plc), from HSBC Bank Plc, London, United Kingdom.”
At the proceedings on January 19, 2023, the defence had applied to the court to open its case, but the application was yet to be served on the prosecution. Thereafter, the absence of the defence counsel, A. Onifade stalled the progress of the case.
On Friday (today’s) proceeding, Onifade finally moved the application of the defence seeking to open its case.
The prosecution counsel R.A. Abdulrasheed did not object, and he informed the court that the prosecution witness on whom a subpoena was issued, was also in court.
The application of the defence was graciously granted by Justice Dada.
Outrightly, Onifade cross-examined the witness, John Yamah, an investigative officer of the EFCC who investigated the alleged crime.
Under cross-examination, the defence through the witness tendered in evidence the international passport of the late Richard, and it was admitted as exhibit by the court.
Onifade further asked the witness about “a search note filled by him”.
“I am not aware that a search was conducted on his residence,” the witness replied.
Thereafter, Onifade informed the court that it was closing its case.
“That is the case of the defence,” he said.