Bail bid flops in K6m bank fraud

THE Lusaka Magistrates’ Court has refused to grant bail to a man accused of conspiring with three others to defraud Atlas Mara out of K6 million because of his dual citizenship.

Before Lusaka Chief Resident Magistrate Lameck Mwale yesterday was Patrick Kafula whose green national registration card indicates that he is a Zambian but has a Cross Border Traders Association identity card bearing his name as Patrick Kalunji, a Ugandan national.

Ruling on Kafula’s application for bail, Mr. Mwale said the current regime recognises dual citizenship and that being the case; and looking at the seriousness of the fraud allegations, it would be imprudent for one to conclude that the accused person would avail himself before court.

“I therefore hold the view that the applicant may not avail himself for trial as he is a flight risk because of his double identities. I therefore deny to give him bail,” Mr. Mwale said. Earlier, public prosecutor Lewis Kandele submitted that if granted bail, the court may have challenges in having Kafula appear to answer to the charges against him and his three co-accused.

Mr. Kandele said the severity of the punishment awaiting Kafula, if convicted, is not less than 15 years and not more than 20 years imprisonment.

“As such if he is granted bail we strongly feel he is a flight risk, which entails that he won’t be able to appear hence defeating the course of justice,” Mr. Kandele said.

Kafula is charged with Vincent Ssempijji, Silvester Apuli, and Makosan Ndolo, all Ugandans, for allegedly defrauding Atlas Mara of K6 million by installing a software on the bank’s database without lawful authority.

They have been charged with unauthorised access to a critical database, unlawful possession of devices, and conspiracy to defraud. Particulars of the offence are that between January 1, and July 4, 2020 the accused persons accessed Atlas Mara’s banking system.

They have also been charged with unlawful possession of devices primarily designed to overcome security measures for protection of data. It is alleged that between the said dates they had two USB loggers, one USB flash disk and a laptop containing software primarily designed to overcome security measures for protection of data on the Atlas Mara banking system. Trial starts on October 14, 2020.