Court grants bail to Russian businessman
The Accra Circuit Court has granted bail to the Russian businessman who is standing trial for allegedly defrauding his compatriot of $2 million.
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The court set the bail condition at GH¢7 million with three sureties who are all Ghanaians. The accused person is also to report to the police every Wednesday between 2 p.m. and 5 p.m.
The court, presided over by Mr Francis Obiri, further ordered that the passports of the businessman be deposited with the court registrar. The case was adjourned to April 8, 2015.
Charge
Kafarov has been charged with defrauding by false pretence but he pleaded not guilty to the charge when he appeared before the court last Tuesday.
He is reported to have defrauded V. V. Rudenko, also a Russian businessman, on May 24, 2011 under the pretext of undertaking a feasibility study for a joint business project in Ghana.
The accused person, who is wanted in Russia, was arrested at his East Legon residence on February 25, 2015 by personnel from the Accra branch of Interpol and the Bureau of National Investigations (BNI).
His arrest followed a red alert sent to Interpol Accra by Interpol Moscow, Russia, on January 28, 2014.
Appearance
He was first put before the court last Monday and state prosecutors prayed the court to remand him in custody.
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However, the lead counsel for the accused person, Mr Yonny Kulendi, prayed the court to stay proceedings and challenged the legality of the arrest and detention of his client without any court warrant.
He informed the court that the defence team had already filed an application at the Human Rights High Court to compel the state to produce the accused in court.
Withdrawal of bail application
At last Wednesday’s sitting, Mr Kulendi told the court, presided over Mr Francis Obiri, that the defence team had withdrawn their application for stay of proceedings.
He stated that the facts of the case indicated clearly that the money involved was contributed by the complainant towards a joint commercial project but he did not undertake his obligation under the agreement.
“This, according to the state, amounted to defrauding by false pretences. On the contrary, it was the complainant who reneged on his obligation since there is evidence to prove that a feasibility study was done, including the acquisition of mining concessions and offices for the project.”
“My client has extensive concessions that employ over 2,000 workers, and he has been in Ghana for 15 years,” Mr Kulendi stated, adding that, “There is no shade of fraud and we will produce the agreement before the court to see the respective obligations of each party. It is the complainant who failed to make more money available for the project and went back to Russia,” Mr Kulendi said.
Bail appeal
Praying for bail for his client, Mr Kulendi said Kafarov lived and resided at the Trasacco Estate in Accra.
“The police have taken custody of all his passports and he is not in a position to travel outside the country,” he stated, and prayed the court to admit him to self-cognisance bail since the offence was a bailable one.
Facts
The prosecutor, Deputy Superintendent of Police (DSP) Abraham Annor, told the court that on January 28, 2014, Interpol Accra received a message from Interpol, Moscow requesting it to help locate and arrest fugitive Kafarov who was wanted in Russia for defrauding by false pretences.
According to Interpol, Moscow, on May 4, 2011, the accused person defrauded V. V. Rudenko, a Russian businessman, of $2 million.
“The accused, under the pretext of taking a loan from the complainant for the purpose of a joint business development, deliberately deceived the latter to transfer the $2 million to his Ecobank account in Ghana.
He said Kafarov took the money knowing very well that he did not intend to meet the undertaking.
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“All efforts made by the complainant to retrieve his money have proved futile since the suspect refused to communicate with him via phone calls or meet him personally,” DSP Annor said.
Consequently, the prosecutor said, Judge E. A. Leveheneko of the Oktyabrsky District Court in Rostovon Don in Russia issued a warrant, dated March 31, 2014, for the arrest of Kafarov.
“On February 25, 2015, personnel from the Interpol Unit in collaboration with officers from the BNI arrested Kafarov at his residence at East Legon,” the prosecutor told the court.