BASSETERRE, St. Kitts – AN Indian national, Amit ‘Alex’ Sahajwala is currently on trial for allegedly obtaining property by false pretense at his place of employ sometime during December 2008 and March 2009.
Sahajwala allegedly committed the offense against Jewel Palace, which is located at Port Zante, while he was the manager of that entity.
The accused is represented by Senior Counsels Dr. Henry Browne and Hesketh Benjamin while the Director of Public Prosecution, Paulina Hendrickson, is lead prosecutor in the matter.
The case began yesterday (June 21).
The prosecution rested its case today after the testimony of seven witnesses.
The first witness called by the prosecution was the manufacturer of the company, Tulsi ‘Tony’ Kheskwani, who said that KK Jewellers owned two stores in St. Kitts located at Port Zante; Diamond Bizarre and Jewelry Palace.
He said the accused was an employee of the company since 2006 and was the manager at the time of the incident.
Kheskwani said he would visit St. Kitts two to five times per year and would stay for a period of two to three days.
He said that he came to St. Kitts on March 9, 2009 and went to the police station where he reported that Sahajwala was stealing money from the company.
Kheskwani also said that on the same day he went to the store, the police were speaking with the accused who took monies belonging to the company from his pocket.
When asked by the prosecutor why he came to St. Kitts without informing the managers, Kheskwani said he had received a tip.
Cross-examined by the defence, Kheskwani was asked if the general manager of the stores had ever made any complaints against the accused or his work, to which he said “no”.
He also said it was out of the accused scope of employment to place the company money in his pocket.
Kheskwani said when the police approached the accused he said he had US$930 and EC$270 in his pocket which belonged to the company and that about EC$100 had belonged to him.
The general manager of the stores said that she spent most of her time at the Jewel Palace.
She said that Sahajwala mainly had access to the cash register and that when monies are collected from customers, they are to be placed in the cash register and not in his pocket.
When cross-examined by the defence, the general manager said she never found any discrepancy by the accused but noted one irregularity; in that he took one of the company’s cameras as a gift.
The jury’s foreman asked her if the accused had a key to the vault or combination, to which she replied in the affirmative.
Vikas Manohar Makijah, who was a sales clerk at Diamond Bizarre in November 2008, said that in March 2009 he had a conversation with one of the staff that works with Sahajwala.
He said that he went to verify records as a result of the information received, and after doing some observation he called and spoke with Kheskwani.
During his cross-examination, it was revealed that Makijah had become general manager of both stores in May 2009.
He said that he spoke to a sales person at Jewel Palace to get the records and did not speak to any of the managers about his findings.
A sales clerk at Jewel Palace also gave evidence and said that she had seen when the accused had place money collected from sales in his pocket and under the cash register.
She said the monies were supposed to go into the cash register.
Another employee of Jewel Palace said that the accused sold her an EC$500 camera for a discounted price of EC$375.
She said he told her not to take the camera to work and not to show any of the employees.
She said when she queried about a receipt, he told her she did not need any.
The witness said one day she had taken the camera to work and Makijah spoke to her about it, and that he also spoke to the other ladies as well as Kheskwani.
The sixth witness called to give evidence was Corporal Luis Welsh, who said that on March 9, 2009 he accompanied Sergeant Browne to Jewel Palace.
He said the accused was told that a report was made at the Basseterre Police Station that money was missing from Jewel Palace.
Corporal Welsh said that Kheskwani also arrived at the store and the accused told Browne that he only took US$3 805.
When they asked if he had anything else belonging to the company, Welsh said the accused took US$930 and EC$270 from his pocket and stated that EC$100 had belonged to him.
Welsh said Browne told the accused that he was under arrest and together they went to his Taylors residence where he handed over a camera to them and went back to the store and gave them his passport.
Welsh also said that on March 11, 2009, Browne told the accused that he was formally arresting and charging him with embezzlement and larceny.
In his cross-examination of the witness, Dr. Henry Browne told Welsh that their client never said that he only took US$3 805, but the officer said that he did.
Welsh was asked if he or Browne wrote down what Sahajwala allegedly said, to which he said “no”.
Sergeant Browne was the last witness of the prosecution to give evidence.
He said that on March 9, 2009, Kheskwani made a report at the Basseterre Police Station and he and Corporal Welsh journeyed to Jewel Palace at Port Zante.
Browne said he told the accused that he was making inquiries into a report where it was alleged that he was stealing money from the company.
Browne said the accused told him he would have to speak to Kheskwani, and he attempted to dial numbers on a telephone when Kheskwani walked into the store.
Browne said the accused was told that it was discovered that he was stealing money from the company, to which he allegedly said he only took US$3 805.
He said the accused opened the cash register and took out a copy book with certain markings and figures on a paper.
Browne said he stopped the accused and told him he was officially arresting him on suspicion of stealing the monies he had admitted to taking.
He said he cautioned the accused who began to explain what the markings on the paper meant.
Browne said Kheskwani began to explain to the accused what he interpreted on the paper, which he (Browne) took and perused to get a better understanding.
Browne said he further asked the accused if he had any company monies on his person, and he said “yes” and took US$930 and EC$270 out of his pocket and stated that EC$100 had belonged to him.
He said that the accused was asked about a camera and he told them it was at his home.
Sergeant Browne said that they went to the accused home at Taylors where he handed over a camera that was still in its box.
At the end of Sergeant Browne’s testimony and cross-examination, the defence presented their case and Dr. Browne told His Lordship that he would like to make a submission in the absence of the jury.
