03/14/2006
GRANTS
WECHE MOKADHO
;
THE NICHOLAS COLIN OLIVIER WATNEY FRAUD CASE : REPORT NO. 9
Michael Mundia Kamau
C/O Barclays Advisory and
Registrar Services Limited
P.O. Box 30120
00100 GPO
Nairobi
12th March 2004
On Thursday evening, 11th March 2004 at 4.49 p.m., Dr. Harrop called me on “my” cell phone to enquire whether I would be able to deliver him Suresh Jasraj Seth’s EABL specimen signature that evening. I told him that I wasn’t sure, but would call him later on in the evening of 11th March 2004, to give a definite position.
The Shareholder Services Manager, Barclays Advisory and Registrar Services Limited, had arranged for the original transfer deed of Suresh Jasraj Seth’s EABL shareholding, to be obtained from the Head Office of East African Breweries Limited on Thursday, 11th March 2004. The transfer deed had not reached the office of Barclays Advisory and Registrar Services Limited, by the time Dr. Harrop called me at 4.49 p.m. The Barclays Advisory and Registrar Services Clerk sent to collect the initial transfer deed of EABL shareholding to Suresh Jasraj Seth, got to the office at about 5.38 p.m. on Thursday evening, 11th March 2004. It had rained and this had caused a traffic jam on the Thika-Nairobi Highway.
The Shareholder Services Manager and myself held a brief discussion, and agreed that the most appropriate thing was to wait until the following day, Friday, 12th March 2004 before taking any action. I thereafter called Dr. Harrop by way of cell phone at 5.43 p.m. on Thursday evening, 11th March 2004, and told him that I had been able to obtain Suresh Jasraj Seth’s EABL specimen signature. I further told him that it were best if I delivered the specimen signature to him the following day, Friday, 12th March 2004 owing to the time constraint.
He was not opposed to this, but offered two suggestions. One was that we meet briefly during the day on Friday, 12th March 2004 for me to give him the specimen signature so that he could immediately arrange for a “personal courier” to deliver the “letter” from Suresh Jasraj Seth holder of EABL shares account No. XXXXXXXX, to the office of Barclays Advisory and Registrar Services Limited. This, according to Dr. Harrop, would be appropriate because of the time lapse between the e-mail enquiry indicated in my report of 8th March 2004, and the date of receipt by Barclays Advisory and Registrar Services Limited of a written letter i.e. Friday, 12th March 2004.
The other option according to Dr. Harrop, would be for me to deliver him the specimen signature of EABL shares account No. XXXXXXXX in the name of Suresh Jasraj Seth, on Friday evening, 12th March 2004, at the “usual place, usual time” i.e. The Stanley Hotel first floor lounge at 6.00 p.m. He would then arrange for a letter “from Suresh Jasraj Seth, holder of EABL shares account No. XXXXXXXX”, to be delivered to Barclays Advisory and Registrar Services Limited. Dr. Harrop told me that his flight to Addis Ababa, Ethiopia, on Friday, 12th March 2004, was scheduled for “late” in the evening and a meeting between him and me at 6.00p.m. on Friday, 12th March 2004, would therefore not inconvenience him. I told Dr. Harrop I would call him on Friday morning, 12th March 2004, to let him know what would be the most appropriate time for he and me to meet.
On Friday morning, 12th March 2004, the Shareholder Services Manager, Barclays Advisory and Registrar Services Limited, handed me a photocopy of the transfer deed of EABL shares account No. XXXXXXXX in the name of Suresh Jasraj Seth, and we both agreed that I call Mr. George Otieno of Barclays Africa Security and Investigative Services (BASIS). This I did by way of land- line at about 9.18 a.m. on Friday morning, 12th March 2004.
Mr. Otieno told me to call Mr. Kisaka of the Central Bank of Kenya Banking Fraud Investigation Unit, to agree on what time was appropriate for me to deliver the specimen signature to Dr. Harrop. Mr. Otieno also told me that he would also call Mr. Kisaka, and if need be, call me back later on in the day on Friday, 12th March 2004. I again called Mr. Otieno at about 9.22 a.m. on Friday morning, 12th March 2004 by way of land-line, and gave Mr. Otieno “my” cell phone number i.e. XXXX XXXXXX.
As directed by Mr. Otieno, I then called Mr. Kisaka of the Central Bank of Kenya Banking Fraud Investigation Unit by way of cell phone at 9.25 a.m. on Friday morning, 12th March 2004. Mr. Kisaka told me to set the meeting between Dr. Harrop and I at 6.00 p.m. on Friday, 12th March 2004.
I then called Dr. Harrop by way of cell phone at 9.29 a.m on Friday, 12th March 2004, and the both of us agreed that we meet at 6.00 p.m. on Friday evening, 12th March 2004, at the first floor lounge of The Stanley Hotel.
Michael Mundia Kamau
Addendum:
In my report of 24th February 2004 I indicated that I had either spoken or met Mr. Pulin Shah and Dr. Brian Peter Harrop on roughly nine occasions between 9th January 2004 and 22nd February 2004. After my meeting with Brian at The Stanley Hotel on 8th January 2004, Mr. Shah called me at Barclays Advisory and Registrar Services Limited on Thursday, 15th January 2004 to establish my progress in identifying dormant accounts.
I told him I had not been successful yet, and asked for more time. Mr. Shah was accommodative of this. He said he was in the country briefly and hoped that I would come up with something before his departure back to the United Kingdom.
On Monday, 19th January 2004, Mr. Shah called me again at Barclays Advisory and Registrar Services Limited enquiring on progress. I told that nothing “positive” had as yet come up. Mr. Shah gave me the cell phone number which I could reach him by i.e. 0721 691734.
Mr. Shah had told me he was soon departing for the United Kingdom, and I therefore called him on his cell phone on Tuesday, 20th January 2004, by way of the office extension number 4112 that has been enabled to make calls to cell phones between 8.00 a.m. and 5.00 p.m. on weekdays. I asked Mr. Shah for time and told him I would contact him on the United Kingdom cell phone number 000447799484014 that he gave me on 15th December 2003, if anything came up. Mr. Shah had also given me his e-mail address on 15th December 2003 i.e. shahpulin@yahoo.co.uk . Mr. Shah did not hide his disappointment at the “slow progress”. Sometime thereafter, I tried calling the United Kingdom cell phone number 000447799484014 given to me by Mr. Shah using the office fax machine, and got the response, “the Vodafone number you have called has been switched off”.
On Thursday, 22nd January 2004, Dr. Harrop called me at the office and “did not mince his words”. Dr. Harrop told me that there were high stakes involved and if I was not able to fulfill the role already given to me, then it were better that the whole “venture” were called off at this early stage. He told me he was on transit to South Africa, where he was going to wind up the affairs of an Estate he was administering. He had hoped to show me forged South African Probate documents that very day, Thursday, 22nd January 2004, for me to assess whether they would be able to pass undetected at Barclays Advisory and Registrar Services Limited, but postponed this, I gather, because he was disappointed with my slow progress. He emphasised that time was not on “our” side. Dr. Harrop told me he would be back in the country in the week starting 8th February 2004, at which point it would either be “make or break” regarding our “venture”.
On Tuesday, 10th February 2004, Dr. Harrop called me. He said he was in the country and asked about progress. I told him I had “come” up with something. This delighted him and we both agreed to meet on Thursday evening, 12th February 2004 at 6.00 p.m. at the first floor lounge of The Stanley Hotel.
Dr. Harrop and I met at approximately 6.30 p.m. on Thursday evening, 12th February 2004 at the first floor lounge of The Stanley Hotel. It was I who was late for the meeting. I gave Dr. Harrop general descriptions of the dormant accounts “I” had identified but did not disclose specific details about them. This did not bother Dr. Harrop. His mood was casual, relaxed, friendly and less tense than it was when we spoke on 22nd January 2004. We then discussed the modalities and logistics of executing the “job” with minimum hitches. Dr. Harrop suggested that an identified shareholder with a dormant shareholding, could make an enquiry through e-mail. Barclays Advisory and Registrar Services Limited would respond by saying that we did not act on e-mail and ask the enquiring shareholder to write a formal written letter. I would then use this opportunity to obtain the specimen signature from the Head Office of East African Breweries Limited in “anticipation of an almost certain enquiry coming by way of post”. I would then smuggle the specimen signature out of the office to either him or Mr. Shah for their use in all matters related to the identified dormant account/s. The other option would be for “them” to write a letter signed off in a way that one could not determine whether the “shareholder” had signed the letter or just written his or her name, something reasonably common with “Asians and Whites”, as Dr. Harrop put it. I would then use my methods to obtain a specimen signature from the Head Office of East African Breweries Limited, and smuggle both the doctored letter and specimen signature to him or Mr. Shah.
We both felt that the e-mail option was the safer and less riskier method, and adopted it. Dr. Harrop told me that “we” first work on encashing all unpaid dividends of an identified dormant account through “due process”, and that I would “quickly get my cut on unpaid dividends”. Dr. Harrop however told me that it would take slightly longer for me to get my “cut” from the fraudulent sale of a dormant shareholding, because of the lengthy sale processes. Dr. Harrop then told me to obtain the postal addresses, sizes of the shareholdings and history of all unpaid dividends, of suitable dormant accounts I had identified, which I would pass on to Mr. Shah, who was due in the country a week from 12th February 2004. Dr. Harrop told me he would be leaving the country for the United Kingdom on the weekend of 14th/15th February 2004. Dr. Harrop was very pleased with the progress made so far.
Pulin Shah called me in the office on Wednesday, 18th February 2004 and we both agreed to meet at the Thorn Tree restaurant of The Stanley Hotel at 6.00 p.m. on Thursday evening, 19th February 2004. However Mr. Shah called me in the office around midday on 19th February 2004 to cancel our scheduled meeting of Thursday evening, 19th February 2004, “because something had come up”. Mr. Shah also told me he would be unavailable on Friday, 20th February 2004 because of other commitments, and proposed that we meet on Monday evening, 23rd February 2004. I agreed to this.
I had met Mr. George Otieno of Barclays Africa Security and Investigative Services (BASIS), and Mr. Kisaka of the Central Bank of Kenya Banking Fraud Investigation Unit on Thursday morning, 19th February 2004 and Mr. Kisaka said he would be at the Thorn Tree restaurant of The Stanley Hotel prior to 6.00 p.m. on Thursday evening, 19th February 2004. Mr Kisaka gave me his cell phone number at the said meeting of Thursday morning, 19th February 2004.
When Mr. Shah called me to cancel our scheduled meeting of Thursday evening, 19th February 2004, I in turn called Mr. Kisaka on his cell phone to notify him of the cancellation. This I did by way of the office extension number 4112 that has been enabled to make calls to cell phones between 8.00 a.m. and 5.00 p.m. on weekdays.
The events of Monday, 23rd February 2004 are contained in my report of Tuesday, 24th February 2004.
Michael Mundia Kamau,
Friday, 12th March 2004
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