26 Sep 2009 |
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A Nigerian is to regain his freedom after nine months incarceration in Hungarian prison. He was set free after the judge acquitted him on one count of passport forgery. Although he was indicted for possessing fake Italian documents, Dr.Jávori Tünde, ordered his release because according to her, the accused had spent enough time in prison.
Sitting at XVIII-XIX District Court on Wednesday September 23, Dr. Jávori cautioned the accused before the proceeding saying, "You may or may not make any statement but whatever you say here can be used as evidence in your favour or against you".
Chris (surname withheld) was arrested at Ferihegy Airport Terminal 2 during a random check sometime last year December. According to the prosecutor counsel, Chris wanted to cross the border when the immigration police found on him two Italian identification cards, a Nigerian passport, marriage certificate and a driving licence.
The documents which had earlier been examined by the forensic experts are said to be fake with the exception of Marriage Certificate and the Nigerian passport, although the latter contained incorrect data.
When asked if he wanted to add any further statement to the one he had made earlier, Chris said no but agreed to answer questions from the judge.
Judge: Have you ever noticed that the data in your passport is not correct? Chris: That is the problem I wanted to correct in the last court. The name is not in order. I want to go to Nigeria to clarify it. Judge: Not only your name is incorrect, but also your date of birth. Chris: It was a mistake. Judge: Did you lie about your particulars or the authority made mistake? Chris: They made mistake. It should be 1964 instead of 1968.
Meanwhile, it was gathered that the police kept Chris in prison for 9 months because the authority could not establish his nationality. This undue imprisonment prompted Mahatma Gandhi Human Rights Movement led by Mr.Gibril Deen to hire a lawyer for Chris quick release.
"He supposed not to have spent up to nine months in prison for this offence," said Deen. "But the thing is that the police claim they do not know his true nationality and without establishing his true nationality, they keep him with them".
The Nigerian Embassy here in Hungary established the much needed identification that accelerated the release. Mrs Abimbola Samuel Reuben, First Secretary, who represented the Nigerian embassy, brought original documents the Mission had received from Nigeria confirming the authenticity of Chris nationality.
The documents include the following: Date of birth from National Population commission, Identification Certificate from Awka South Local Government Area, and Statutory Declaration of Age.
Equally important condition before the release is a guaranteed permanent address in Hungary, which was provided by Endy Nnorom, a former executive member of the Nigerian Union Hungary.
However, Dr. Jávori did not buy Chris claim of ignorance concerning the fake Italian documents in his possession saying, "You have lived long enough in Europe for you to know the right authority to approach for genuine documents".
Judge: Where did you get Italian document? Chris: The firm is in Italy but I forgot the name of the firm. One Pauolo told me about the firm. Judge: Why do you need Italian document? Chris: Because I wanted to see my wife in Hungary. Judge: What was your reason for getting these Italian documents? Chris: Because in Italy one can get this kind of documents from some firms. Judge: Have you ever met in person these Italian representatives? Chris: No. Judge: Do you think these documents are genuine? Chris: I didn't know that these documents are not genuine otherwise I wouldn't have got it. Judge: Were you asked to fill any application form? Chris: I only gave them my particulars Judge: Can you tell the court how you gave them the application? Chris: I sent it through Pauolo Judge: Can you tell the court how long you have been living in Italy? Chris: I don't live in Italy Judge: So why do you need Italian residence permit? Chris: To enable me visit my wife in Hungary Judge: You have lived in Europe for such a long time that you should know the exact authority to consult for your documents Chris: It is quite different how they make document in Hungary and Italy. In Italy lawyers can help process documents Judge: Have you ever asked a lawyer to process your document Chris: No, lawyers represent the firms who often issue documents
When asked whether he felt guilty or not, Chris, who described his experience in the prison simply as "it is only when you have not been in their hands (Police)" replied: “No, I don't feel guilty because I didn't know that the documents were fake. If I knew, I would not obtain it”.
Thereafter, the prosecutor said that she did not believe Chris when he said he did not know who gave him the Italian documents. She asked the judge to give maximum penalty as well as seize the fake documents, for the accused is guilty of falsification of public documents which carries minimum of three years imprisonment.
Defence lawyer, Dr. Horváth Peter, argued that although ignorance is never recognised in law, his client has spent too long in prison and therefore he should be released. Dr. Horváth explained that his client has no criminal record since early 90's when he came to Hungary, adding that his client is willing to go back to Nigeria.
Reading her judgement, Dr. Jávori acquitted the accused on one count of passport forgery for lack of evidence, but found him guilty of forgery of Italian documents, which means Chris cannot come to the Hungarian territory for two years. In addition, he was ordered to pay 47,000 HUF (177 euro) for the legal fee, while the State will pay the translation cost of 285, 000 HUF (1,050 euro)
Copyright 2009 mysmallvoice@yahoo.com
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