Cape Town - The eight foreign nationals, accused of ’romance scams’, will know after November 8 and November 11, whether they will be released on bail.
The group appeared at the Cape Town Magistrate’s Court yesterday and will be spending more time in prison until their next appearance.
After almost two hours of arguments and counter arguments, on whether Perry Osagiede, Enorense Izevbiege, Franklin Edosa Osagiede, Osariemen Eric Clement, Collins Owhofasa Otughwor, Musa Mudashiru, Prince Ibeabuchi Mark, and Toritseju Gabriel Otubu, will apply for bail under Schedule 5 or Schedule 1, Magistrate Ronel Oliver ruled that the applicants’ bail application will proceed as unscheduled.
The eight men, aged 33 to 52, were arrested by the Hawks and US law enforcement, in a massive operation in the city, for allegedly preying on victims – many of them being vulnerable widows or divorcees.
The media was granted permission to take pictures in court. However, the media was not allowed to film or photograph the suspects, despite their names being made public already.
The State argued it was a Schedule 5 bail application, placing the onus on the applicants to convince the court that it was in the interest of justice to release them on bail. They successfully argued it was a Schedule 1 bail application.
“The ruling by Magistrate Oliver means that the onus has shifted to the State, to prove that it is not in the interest of justice to release the applicants on bail,” explained NPA spokesperson Eric Ntabazalila.
The court also heard that the eight suspects were not accused persons as they were not facing any charges in South Africa, but in the United States of America. There are warrants for their arrests in America, where they are facing charges of:
• Wire fraud conspiracy in violation of Title 18, United States Code, Section(s) k1349;
• Wire fraud in violation of Title 18, United States Code, Section(s) 1343 and 2
• Money laundering conspiracy in violation of Title, United States Code Section(s) 1956(h)
• Aggravated identity theft in violation of Title 18, United States Code, Section(s) 1028A and 2.
“The warrants were issued in New Jersey and Texas. Their fraudulent activities caused at least $6.8m in losses to American citizens. The State has indicated that it is going to oppose their bail application, as it believes they are a flight risk, will tamper with evidence electronically, most of them are in the country illegally as their passports expired and they never renewed them, and that they still have access to their bank accounts – with funds they can use to flee the county,” added Ntabazalila.
The US agencies are expected to also begin arguing for the extradition of the suspects, when they make their next appearance.
The bail application has been postponed until November 8 and November 11.
Weekend Argus