Austrian national has been acquitted of Sh Sh 4.5 million criminal charge, after the court found that the prosecution failed to prove the case against Stephen Mark Llyod.
Trial Magistrate Roselyn Oganyo of Nairobi City Hall court, said in her ruling that from the evidence adduced in court by seven prosecution witnesses who included three complaints no one linked the accused to the said fraud.
The court heard that three foreign investors, M’s Charlotte Bilstedfelt and Susan Barris made a compliant to the police to the effect that the accused had in diverse dates 26 and 30 November 2010 at Karen area, in Nairobi City he received US dollars 33,000 being a loan payable at the interest rate of 50 per cent within 28 days of receipt.
M’s Oyanyo, said that from the evidence the court established that the said monies was paid to the bank accounts of infvinity Mineral limited whose directors were Stephen Paino, Michael Lynch and Stephen Kariuki and not the accused.
Mr Michael Lynch should have been held responsible for the loss of the moeies and mot the accused.
” The complainants admitted before the court that they never gave the money directly or indirectly to the accused or deposited into his bank account, instead the money was transferred to the bank of accounts of Stephen Minerals limited whom the investigator did not charge” the court observed.
The court said that the charge of obtaining by false pretense was not proved by the prosecution.
She said that charge sheet read that the money alleged obtained by the accused was in US Dollars, whereas the evidence available shows money given out was in Kenya Shillings, the court was unable to comprehend the prosecution case.
She observed that the accused during mitigation said that he had suffered a loss in his business as result of the criminal case which has tainted his reputation has an international businessman.
The court ordered the release of money he deposited as cash bail and surety be released henceforth.
She added that in view of discharge of his case for lack of evidence from the prosecution he be allowed to travel in and out of the country for his normal business.
