January 13, 2022
By: Audrey John
Defence Counsel, Hon. H.M Gavao has argued strongly on the tendering of a carbon copy documents by the prosecution against his client.
Juliet Nazzal is before Magistrate Sahr Kekura of Pademba Road Court No 1 for Preliminary Investigation for allegedly issuing Cheques against insufficient funds contrary to 42(1) of the payment system Act 2009 Act No. 3 of 2009.
It was alleged on the face of the police file that on Wednesday 13th of October 2021, at Zenith Bank, Headquarters Rawdon Street, the accused Knowing issued a Zenith Bank Cheques with various number face value one hundred and sixty two million leones (Le 162, 000, 000, 00) to Samson Shallop against insufficient funds.
Testifying before the court the witness Mohamed Bah a business man said he delivered goods to someone sent by the accused Juliet Nazzal after getting confirmation from her.
He said he used to supply the goods to the accused because he is the store keeper and after he made entries on the delivery book.
The witness confirmed that if he sees the delivery note he will able to identify it.
Prosecuting counsel, Chief Superintendent of police show the document to the witness who identified it as the one he issued our when given the goods.
Defense counsel HM Gavao raised and objection that it was the original receipt that ought to be tender. Defense counsel further draw a he attention of the Bench to the papers stating that originals are white whiles the duplicates used to be other colors.
“My Lord, the prosecution knows clearly what they should do but her ignoring that”, he submitted.
Prosecutor Bull, argued receipt of any documents is issued to the he receivers as white papers not colored.
She said even though what was before the court are carbon copy he can identified them because he prepared them and they have been in his custody.
“My Lord, defense counsel cannot dictate how people doing business handling their receipts”, she stated.
Defense counsel HM Gavao in a second bite lamented that the Prosecution has to clear up things because the liberty of his client Juliet Nazzal is at stake.
At that junction, magistrate Sahr Kekura adjourned the matter to Wednesday 19th January 2022 for ruling.