Businessman arrested in Rushwaya case challenges remand

By Nyore Madzianike

Pakistani businessman Ali Mohamad, who is charged with attempting to smuggle gold outside the country, has applied for revocation of his placement on remand arguing there was no evidence from police investigations linking him to the offence.

In his application prepared by lawyer Mr Admire Rubaya, Mohamad claimed that the police did not enquire from him if the information they had in relation to the gold smuggling allegations was correct.

He said his liberty can no longer be curtailed given that there is no evidence linking him to the offence.

Mohamad is charged with unlawful possession of gold and smuggling.

In an affidavit attached to the application, Mohamad said there was clear evidence that proved that the documents which the State alleges link him to the smuggling attempt, were fake.

Mohamad said Rushwaya denied being found in possession of the gold that the State claims linked him to the gold forming their offence.

He said Rushwaya had already deposed an affidavit confirming that he had nothing to do with the gold in question.

“There is absolutely no just cause why I should continue to be on remand unless there are certain individuals who have nefarious reasons (on) why I should continue being on remand.

“The documents upon which my remand is grounded are just photocopies which have nothing to do with me, neither is there anything worth noting which can create the requisite nexus between my actions and alleged offences,” he said.

The State is tomorrow expected to respond to the application. The Herald