A Nairobi court has acquitted a city businessman accused of defrauding a Canadian national of Sh 8.1 million in a controversial gold transaction after the prosecution failed to prove its case beyond reasonable doubt.
Abbas Badru Omuyoma, also known as Yuri Sande Ismael, had been charged with obtaining USD 54,550 from Yvan De Coninck by falsely claiming he was in a position to sell 15 kilograms of gold.
The prosecution alleged that the offence was committed on August 11, 2021, within Nairobi County, with intent to defraud. Omuyoma was accused of inducing the complainant to part with the money under false pretences, knowing the claim to be untrue.
However, in a judgement delivered at the Milimani Law Courts, Senior Principal Magistrate Robinson Ondieki ruled that the evidence presented by the Office of the Director of Public Prosecutions (ODPP) was insufficient to sustain a conviction and consequently acquitted the accused.
During the trial, the court heard that Omuyoma’s involvement in the transaction was limited to facilitating discussions between parties interested in the gold deal.
In his defence, Omuyoma told the court that he did not personally receive any money linked to the transaction and that his role was purely that of an intermediary agent. He explained that he had issued a pro forma invoice in anticipation of earning a commission should the deal be successfully concluded.
He further testified that funds connected to the proposed transaction were allegedly deposited into an escrow account associated with entities identified as Blue Creek and Jason, and not into his personal accounts.
According to Omuyoma, he was introduced into the deal by a woman identified only as “Madam Pinky,” who requested his assistance in sourcing a supplier. He said he later withdrew from the negotiations after disagreements arose among the parties involved.
Following the collapse of the transaction, Omuyoma said he was summoned by the Directorate of Criminal Investigations (DCI) to record a statement in relation to the failed deal.
In his ruling, Magistrate Ondieki held that the prosecution failed to establish key elements of the offence, including proof that Omuyoma received the disputed funds or acted with fraudulent intent.
The court found that the evidence on record did not sufficiently link the accused to the alleged loss suffered by the complainant, ultimately concluding that the threshold required to prove the charge beyond reasonable doubt had not been met.
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