Tsehay Shiferaw, president of Awash International Bank (AIB).
A Judge at the Federal First Instance Court, Kirkos Bench, has granted Tsehay Shiferaw, president of Awash International Bank (AIB), release on bail, 10 days after he was arrested by police, suspected of being involved in a fatal car accident that claimed the life of a young man.
Dressed in a dark suit, Tsehay arrived at the Court on Mozambique St., near Mexico Square, at 10:00am on Friday morning, March 08, 2013. He was greeted by about 50 of his bank staff, who came to follow his case.
Judge Kedir Idris had transferred the case from Tuesday to give a verdict on the appeal filed by Tsehay’s lawyers, in their bid to secure his release against a bond. Investigators did not raise objections on the appeal for the suspect’s release on bail, but asked for the Court to issue a ban on overseas travel, whilst they continue to probe the case. They told the Judge that they have found an eyewitness who, they believe, could lead their investigation “in a new direction.”
The police investigation involves a hit-and-run case allegedly committed on the evening of February 25, 2013, where 27-year old victim, Teshome Mitiku, was found dead in front of the School of Tomorrow, on the main road past the CMC residential complex, on the way from Ayat. Tsehay, a father of three, was driving home the same night from a gym at the nearby, Beshale Hotel, when “a group of people attacked his vehicle, throwing stones,” senior officials of AIB, who gave a press conference three days Tsehay drove himself to safety and then called police, according to them.
The Judge had granted police investigators the right to custody, during two consecutive appearances by the suspect. Investigators told the Court they were in search of three witnesses who allegedly identified the colour and plate number of the vehicle Tsehay was driving.
Tsehay’s lawyers challenged claims by the police, linking their client to the incident, suggesting that the investigation was “full of holes.” They argued that the same witnesses, who barely identified the driver inside the vehicle, are those who inflicted damage on the suspect’s vehicle, after claiming to have identified its plate number.
Another area of contention was investigator’s claim that the alleged crime was committed on a zebra crossing, a case enough to deprive suspects the right to be released on bail.
Ethiopia’s Criminal Code, Article 543, defines such cases as “homicide by negligence” when committed by doctors or drivers. If a driver “deliberately infringed express rules and regulations, disregarding that such consequences may follow or even where he has put himself in a state of irresponsibility by taking drugs or alcohol,” defendants convicted of such crime are subjected to “rigorous punishment” of up to 15 years in prison.
The right of bail could be denied to people charged of such crimes, which could potentially lead to rigorous punishments.
Lawyers have, however, objected to police claims; stating that investigators have failed to prove beyond a “reasonable doubt that the zebra crossing was the scene of the accident.”
“Asking for a longer custody, even when a charge has not been constituted, is unlawful,” said one of the two lawyers had appealed to the Court two weeks ago.
In the absence of any objection from police, Judge Kedir decided on Friday not to let the suspect remain in custody any longer. Tsehay was released against a 50,000 Br bond in the afternoon of the same day.
He was released from police custody at the Addis Abeba Police Commission, on Dejazmach Belay Zeleke Road, a few hours after the Court verdict and “happily” joined his family, according to Yohannes Merga, vice president for Corporate Services at AIB.
Investigators, however, were strong in the appeal for the Court to issue orders to the immigration authorities, banning the suspect from leaving the country.
“The Court should give orders to the immigration authority to ban any attempt by the suspect to leave the country, until the case is fully investigated,” Police appealed.
Lawyers of the suspect argued back, claiming that such a ban might possibly restrain the suspect from efficiently carrying out his professional duties. Tsehay has been serving Awash Bank, the first private bank to begin operations in the mid 1990s, for two years.
“The Court should, in its verdict, observe the intensity of the hold back, resulting from the ban, when deciding upon the bailout,” said one of the lawyers.
The Judge gave an immediate order to immigration authorities not to let the suspect leave the country. Police, however, have not as yet pressed any criminal charge against the suspect.
Tsehay, who was not available for comment after his release, will resume his office duties on Monday, March 11, 2013 according to Mechal Bedada, public relations head of the Bank.
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