Indian in plea bargain over K371mil gold: Lawyer Wadi tells Malawi court

Private practice lawyer Ishmael Wadi has told Lilongwe Magistrate Court that his client, an Indian who was arrested at Kamuzu International Airport in Lilongwe when he was found in possession of 15 bars of gold weighing 13.747 kilograms valued at K371.9 million wants to enter a plea of guilty.

Wadi: Gold bar should be tested again

Moinuddian Mohamed Iqbar Sodagar who was arrested on December 30 last year was also found externalising foreign exchange without documentation with K500 million in his possession at the time he wanted to exit the country.

The Indian was found in possession of $622 820, 15 860 euros and £2 015.

Wadi, former Director of Public Prosecution, told the court that “in the interest speedy disposal of the case” Sodagar wants to admit wrong doing in some of the charges.

Sodagar faces the charge of attempting to illegally transfer bullion out of the country contrary to Regulation 8 (1) of the exchange control regulations as read with section 3 of the Exchange Control Act.

But Wadi wants prosecution to give an alternative charge to attempt to ship out gold bullion.

The purity o f gold tested to be 99 percent pure but Wadi contest that the purity rating could be around 78 percent.

Wadi also argues that the State has no objective evidence on first count of money laundering, saying he can share sources of the money with invoices.

“We would request that the defence be allowed to serve the State on sources of funds in 10 days and then investigate for 30 days,” said Wadi.

But State prosecutor Thabo Chakaka Nyirenda accused the defence of playing delaying tactics.

Nyirenda, who is also legal officer of Reserve Bank of Malawi, accused Wadi of playing tactics “to waste the court’s precious time.”

He told the court that they have objective evidence to prove that the foreign currency was illegally obtained by the Indian.

Principal Resident Magistrate  Patrick Chirwa ruled that the accused should be accorded “right to fair trial” and that the court would allows further testing of the gold bars and plea bargain.

“While the court agrees that the case must be expedited because of the public attention, the court is of the view that proceeding with hearing now would be tantamount to denying the accused to the right to a fair trial,” he said.

He adjourned the case to March 30. Plea will be taken on this day.

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4 thoughts on “Indian in plea bargain over K371mil gold: Lawyer Wadi tells Malawi court”

  1. tozer tsono says:

    Wadi, defending an indian criminal, after speaking derisively of all except one Malawian, Peter Mutharika.
    Well, I hope the speedy trial means his client gets maximum penalty for all his crimes.
    Currying favors from the big man to save criminals!

  2. malawi akutha says:

    I Malawian we stopped following justice .. in Uk this indian man he was supposed to be arrested there after serving it was deportation straight , in Germany the same.. in ireland or Holland the same CHINA HE WAS SUPPOSED TO BE KILLED .
    NOW this man took took advantage of our polous immigration system kulimba mtima kutenga ndalama zonsenzo and Gold
    my country I don’t know where we are going how can this man do that…

    This man must be arrested like normal Malawian he must serve atengere phunzilo then deport him he is not a good citizen
    what status does he have in the Malawi ? how did he came to Malawi ? investing even his business or relatives business

    iwas going to uk standard bank refused me to transfers 4000 pounds, whos is he… to smuggle

    Ifesotu moyendamu amativutitsa nde Malawi asakhale wopheka ngati thobwa lomwa ndi ana womwe..
    Ma lawyernu akawina ameneyu nde kungoti kumalawi tilibe ma lawyer ndipo there no justice impartially in them
    xiiiiiiiii

  3. Chibalo says:

    Malawi my country,where are we heading to?If this Indian would have left Kamuzu International Airport without a Tip, he would have left with him close to a billion Malawi Kwacha considering also the value of Gold. Oooh wait a minute, so we have such pure Gold in Malawi and yet we pretend we dont have enough resources? The Chinese are caught at the Airport with kgs of Ivory and we complain the country is poor?
    Oooh if i may ask you, where is that money right now?We have to know where it is by the way?Can we not seriously think of investing such huge sums of money by for example building a hotel at Cape Ma clear across the Lake where people will have to boat cruise to the 5 Star Hotel and pay money for that? Cant we declare Mangochi a tourist City and make Cape Ma Clear the Standard City with Sopping Malls and Better upgraded Road? What are we doing guys?

    Ismael Wadi are you really patriotic or you just want to feed yourself by defending this Indian?Are you not feeling sorry for our Country or maybe you are not a Malawian?

    Each year millions of Dollars and Malawi Kwachas are found with only a few greedy people and we claim we dont have enough money for Teachers salary arrears,Recruiting extension workers who can turn around our economy through commercialization of Agriculture?

    Can we not for example take over Chikangawa Forest and bring it back to the forest Department and again employ a thousand of Forest Technicians to man it day in day out with better resources which are in a few greedy people?Dont you think this will also reduce unemployment and poverty? Dont you think this will beautify Malawi (BEAM) again and save the country from the expected disaster coming where Planks for construction will have to be imported?
    Cry aloud for the beloved Country! Cry!
    When the CSOs were demonstrating, we did not join them and yet we know how one and only One Cabinet minister could have not in his account by the way, but in his home close to 200 million Kwacha and we think it is just one of those cases?

    Any wonder now that Mulumbe of Admarc has been reinstated? Oooh no, i hear Murekezi, a Rwandanese has been in Malawi for over 20 years operating his businesses freely and yet Malawians are struggling to get even a loan from the Banks for their small scale businesses? Malawians what can we do now? This Country is gone and very sick i have to tell you.

    We must wake-up and demand transparency from Government.Government must tell us every month how much it collected interms taxes and how much it has used with Statements shown.We must stop clapping hands and boot licking. We must Stop this nonsense phenomenon of Ndinthawi YATHU and Wakwathu syndrome as it is seriously killing all of us.
    The Account Number must not be in the Hands of Government.Independent Banks must handle the Account Number one which is massively abused.
    Lastly and not the least of course, we dont need all the ministers.We just need Ministers of Agriculture, Finance,Education,Health.Change other minster to be not just of Labor but Labor and employment creation.We dont need the whole minister for foreign Affairs, give it to the Vice President. Minister of Defence,Sports, my foot for what?

    To be continued……………………………………………

  4. mtete says:

    Wadi is just wasting Court’s time. This Malawian of Indian origin (or is it Indian of Malawi origin?) is a thief and should be treated as such. By the way, how many successful prosecutions did Wadi make while he was ACB boss? Any wonder late Kamuzu introduced Traditional Courts? He was aware of delaying tactics by incompetent lawyers as is the case here.

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