Alleged €250m Fraud: Absence of Defence Counsel Stalls Trial Of Late Malaysian, Company

The absence of defence counsel, A. Onifade, defending late Tan Ah Chai Richard, a Malaysian, and his company, Coastal Asia Investments Limited, on Friday, forced the presiding judge, Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, to adjourn the case till November 16, 2023 for adoption of the final written address.

Richard and his company were first arraigned by the Economic and Financial Crimes Commission, EFCC, on May 22, 2019.

They were arraigned on a five-count charge bordering on forgery, use of false document, conspiracy to forge and an attempt to obtain money by false pretence to the tune of €250,000,000.00.

The suspect had pleaded “not guilty” to the charges which prompted the commencement of trial with the prosecution calling a witness.

However, in the course of the trial, Richard reportedly died in prison custody which eventually led to the amendment of the charges on January 28, 2022 by the prosecution.

One of the amended charges read: “Tan Ah Chai Richard (Deceased), Coastal Asia Investments Limited and Dr. Sawang Jana (still at large), on or about the 27th September, 2018 at Lagos, within the jurisdiction of this Honourable Court, with intent to defraud, conspired to commit felony, to wit: forgery of Swift Telex Advice dated 27th September, 2018, indicating transfer of the sum of €250,000,000.00 (wo hundred and fifty million Euros) to Coastal Asia Investments Limited account with Polaris Bank Plc (formerly Skye Bank Plc), from HSBC Bank Plc, London, United Kingdom.”

Meanwhile, when the proceedings commenced on January 19, 2023, the defence applied to the court to reopen its case, but the application was yet to be served on the prosecution.

On June 9, 2023, the defence counsel moved the application of the defence seeking to open its case after cross-examining the prosecution’s witness, John Yamah, an investigative officer of the EFCC, who had been subpoenaed.

Under cross-examination, the defence, through the witness, had tendered in evidence the international passport of the late Richard, which was admitted as exhibit by the court. He also asked the witness about a search note filled by him.

However, the witness replied: “I am not aware that a search was conducted on his residence.”

Onifade therefore informed the court that he was closing his case which was slated to take place today, and when the case came up, he, the defence counsel, was absent.

The counsel for the EFCC, B.M. Isa, informed the court that the prosecution was yet to receive any process from the defence.

“I was informed by the court registrar that the defence counsel called that he would be unavoidably absent today, and they have not filed anything yet,” he said.

Justice Dada, therefore, adjourned till November 16, 2023 for the adoption of the final written address.