The defence lawyer representing former Delta State governor, James
Ibori in the confiscation of assets hearing, today in London insisted
that his client did not receive a penny from V-Mobile account as alleged
by the prosecuting team.
Ivan Krolick during his submission took hours trying to convince the
court that out of the £37 million connected to V-Mobile which the
prosecution team said Ibori’s benefit from, that there is no evidence
that the money was paid into his account.
He also told the court that even when a financial forensic expert was
invited to the court and was cross-examined by both the defence and the
prosecuting teams, there was no trace of Delta State money connected to
Ibori’s benefit. The defence lawyer said their case was so clear because
the forensic expert dealt with the issue of Delta State money in
detail.
Krolick constantly reminded the court that the case now is a ‘pure law’
of money laundering, unlike trial issues. He said confiscation trial is
a quantitative case and not because he pleaded guilty is enough for
confiscation. “We said no, this is not so. This is not being ambushed,”
Krolick said.
Another issue that dominated Krolick’s submission was the introduction
of ‘assumption’ which the prosecuting team had prayed the court late
last year to apply on some of Ibori’s loots including the £89 million as
against limiting it to £330, 000 and £25,000 on Abbey Road management
fees - one of Ibori’s property.
The issue of assumption which QC Shasha Wass introduced in the case is a
criminal justice act of 1988 (as amended), seeking section 72AA of
proceeds of crime act 1995 to establish Ibori benefits and possible
forfeiture.
Krolick persistently argued that to make assumptions on the whole £89
million instead of the two items was what they are also against. But the
prosecution team in their earlier submission said Ibori had not
discharged the honour of proof regarding his income, but again we are
arguing that they had enough time to bring in their witnesses, but could
not, he said.
He told the judge that there was nothing pointing to the fact that they
had deviated from their stand or amount to any surprise in this case
relating to their skeletal argument.
Again, he reminded the Judge that the prosecution team could not say
that they were unaware of their stand in this case; that all that was
needed was evidence linking Ibori with what they are asking for. He said
portraying Ibori as the master and Gohil as servant was not enough
reason to link whatever Gohil had committed as part of Ibori’s deed.
“Your honour, sometime last year, you said the introduction of
assumption by the prosecuting team is like not only removing the goal
post, but removing the entire pitch,” Krolick told Judge Pitt.
The defence went further to say that in all their submissions, they had
never asked for evidence of guilt, but evidence of obtaining benefits,
saying that they are only concerned with what Ibori obtained. “But for
the prosecuting team to ask for evidence is also what we are not happy
with.”
The court will likely sit on Wednesday, though subject to confirmation.
The court will likely sit on Wednesday, though subject to confirmation.
No comments:
Post a Comment