By Fatima Kpaka
ToKuro Kudo, a Japanese National, has on Friday, 26th July 26, 2024 before Magistrate Sahr Kekura testified against Tarine Fairman, a US citizen, who allegedly defrauded him the sum of US$2,924,730 for mining operations.
The complainant Tokuro Kudo who happens to be the first prosecution witness, led in evidence by Chief Superintendent of Police Juan Bull, said he is a Certified Accountant at DDF-Tech company Limited in Japan, adding that he came to know the accused Fairman sometime in 2019 through his acquaintance in Japan.
Witness further said that the accused Fairman told him that he was looking for investors to invest in diamond business in Sierra Leone.
Thereafter, he said, the accused explain his business plans to him for consideration and he considered the said business plan.
Kudo said that his company DDF-Tech company in Japan agreed to enter partnership with NAMD company represented by the accused as a consultant.
He added that both companies entered partnership agreement on November 27, 2019.
The said partnership agreement was tendered in court and marked as exhibit A1- A4.
He said that after signing the partnership agreement in December 2019, two of their members from their company Tacomi Maeda and Izawa Komaqsu visited Sierra Leone to established a Mining company in preparation for diamond mining and they further went to the site in Kono.
He said in January 2020, he also visited Sierra Leone joining Tacomi Maeda and Izawa Komaqusu to sign the cooperation documents between the two companies and to visit the diamond mining sites in Kono.
The accused and himself signed the Memorandum and Article of Association of DDF-Tech Africa Sierra Leone Limited on January 4, 2020.
The documents were produced for identification which was identified as exhibits Z1-28.
At this juncture, the prosecutor Lawyer Juan Bull requested for an adjournment to get an interpreter due to the constraint they are having with the witness, adding that they need to move at a faster space.
Defense counsel Rowland Wright renewed his bail application on behalf of the accused.
He said they will not interfere with the prosecution witnesses as they did not know the witnesses.
The prosecutor vehemently objected to bail on the grounds that the quantum involved was huge.
Magistrate Kekura, however, refused the accused bail due to the seriousness of the offense.
The matter was adjourned to Wednesday, July 31, 2024.
The accused was arraigned on three counts of conspiracy to defraud contrary to law, forgery contrary to section 4 (1) of the Forgery Act of 1913 and fraudulent conversion Contrary to Section 20 (1) (iv) of the Larceny Act of 1916.
The charge sheet indicated that the accused, on diverse dates between February 2021 and December 2023 in Freetown, conspired with other persons unknown to commit forgery.
The charge sheet shows that the accused on the same date forged one DDF -TECH Africa Sierra Leone Limited company document dated 24th January 2020 and increased his percentage to fifty percent instead of five percent 5% that is indicated on the memorandum of the said document.
The police further alleged that the accused fraudulently converted to his own use and benefit the sum of two million, nine hundred and twenty four thousand seven hundred and thirty thousand united states dollars($2,924,730) meant for mining operations in Kono District.