US-Canadian acquitted in forex case
Blantyre Magistrate’s Court on Tuesday acquitted Sir-Faraz Ahmed Hashmi, a dual citizen of Canada and the United States of America who was facing charges of illegal possession of forex.
The same court had on January 12 this year discharged him after police failed to appear for hearing and ordered the State to return a passport and foreign currency amounting to $4 800 (about K4.9 million) seized from him.
The State, however, disobeyed the order.
However, when the case resumed and the police completed parading prosecution witnesses, the Blantyre Principal Resident Magistrate’s Court found the accused, represented by Henry Phoya, SC, with no case to answer and proceeded to acquit him.
Presiding magistrate Godfrey Balaka observed in his ruling that it was true the accused was found in possession with foreign currency at Muloza border in Mulanje on his way to Mozambique.
“It would appear that he did declare his foreign currency as required by law. In fact, he would not have done that because the money was less than $5 000,” he said.
The court said there was insufficient evidence to prove an essential element in the alleged offences, adding the prosecution did not attempt to prove that the accused was a resident of Malawi.
The magistrate said a State witness acknowledged that the accused was a traveller.
Hashmi, who had been stuck in the country since his arrest on November 1 2022, was turned away by South West Police Headquarters on January 12 this year when he went to collect his passport and cash as was ordered by the court.
In an interview then, South West Region Police spokesperson Beatrice Mikuwa admitted that they did not comply with the order, because they wanted to use the items as exhibits.
She argued that the discharge did not mean the end of the case.
But Phoya said a court order ought to be respected. Hashmi was arrested on his way to Mozambique after satisfying all exit requirements, including receiving an exit stamp in his Canadian passport.
