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06 June, 2007
The Federal High Court, eighth criminal bench, has passed a ruling, sending a suspect in gold smuggling to five years in jail and fining him one million Br, an amount lawyers say is perhaps the largest monetary punishment an Ethiopian court ever levied on an individual convicted of a crime.
Prosecutors accused Daniel Mekonnen of smuggling gold to Djibouti three years ago, estimated worth six million Birr. A member of the family that owns Africa Gold Smith, on General Wingate Street, Daniel was caught smuggling gold for the fifth time, according to witnesses who testified against him.
Police officers from the Ethiopian Customs Authority (ECA) intercepted a truck at Awash customs checkpoint, in August 2004, claiming that it had carried gold to be smuggled to neighboring Djibouti. Indeed, police had discovered 46.9kg of gold in the truck, driven by Bejiga Duggasa and his aide. It was these people who later on became key witnesses for the prospectors that finally led to Daniel’s conviction.
The case, however, became very complicated for it has involved the former chief prosecutor of the Authority, Yohannes W Gabriel, who is now fighting corruption charges from jail, in connection with the same case. The three suspects were originally charged in November 2004 accused of the smuggling. After a ruling passed by a court ordering the customs prosecutor to reframe its charges in a manner that shows the role Daniel had allegedly played, Yohannes filed another charge, including only the driver and his aide. He, however, had sent the case to the Federal Police for further investigation on the role Daniel had during the attempted smuggling.
In the meantime, Daniel filed charges at the Federal High Court against the Authority, Bejiga and his aide, claiming that he should recover the gold taken by Customs since he had no involvement in the smuggling, but hired the individuals to take the gold to Gonder.
In October 2005, the Federal Ethics and Anticorruption Commission arrested Daniel, Yohannes and his deputy, Workneh Bereded; the latter two were accused of deliberately dropping Daniel from the charge, in exchange for their personal gains and helped him to reclaim the gold. The commodity was sold to the National Bank of Ethiopia (NBE) later on.
The Commission, however, charged only the Customs prosecutors, letting Daniel out of jail. He was not to let go easily.
Prosecutors from the Ministry of Justice (MoJ) opened file against Daniel in November 2006, claiming that police investigation proved that he has a major part in the smuggling attempt of the gold. The Federal High Court found him guilty on Friday, June 1, 2007, and sent him to prison where Yohannes is under custody.
Yohannes will appear before the Federal High Court, first criminal bench, for final ruling next month.
Daniel is convicted at a time when officials at the Ministry and the Commission are locked up in fierce dispute over Yohannes’ arrest and alleged crime. The Ministry argued that Yohannes has committed nothing more than administrative oversight, which should not be interpreted as an act of corruption, and he has the right to withdraw his charges when he finds it appropriate. It also claims that his arrest has created an atmosphere of indecisiveness among its prosecutors, who are not sure where their decision over criminal cases would land them. It strongly urged the Commission to withdraw its charges.
The Commission, however, brushes this aside, claiming the Ministry is indulging itself in a case that is no concern to it.
Family members of Daniel told Fortune that they are determined to appeal before the Supreme Court before they let the matter rest.
By ISSAYAS MEKURIA - FORTUNE STAFF WRITER