Woman believed she was helping man fund business in Malawi

A total of five alleged victims have come forward in the case of a man charged with deceiving a woman out of €17,000, which she believed was to help him fund his business in Malawi.

Bright Banda (39), formerly of Meadow Lane, Roscommon Road, Athlone, County Roscommon, was previously remanded in custody with consent to bail subject to an independent surety of €10,000 as well as his own bond of €5,000.

An application before the High Court saw that independent surety reduced by €2,000, but Mr Banda has still been unable to take up his bail.

He reappeared via video link before Judge Susan Fay at Athlone District Court, where Ross Nestor BL argued that DPP directions should have been made available by now.

Garda Gavin Conway outlined to the court that a number of alleged victims had now come forward regarding Mr Banda.

When the accused was remanded in custody on January 8th of this year, he said, there were only two alleged victims. There are now five, relating to six different financial institutions.

He informed the court that the file is currently with the State Solicitor, with plans for it to be sent to the Director of Public Prosecutions (DPP) within days.

Mr Banda is also due to be interviewed by the Malawian High Commission in London regarding his residence in this country, with that interview due to take place within a week.

Gardaí are looking for a four week adjournment, he said, to allow time for DPP directions to be made available regarding all five alleged victims. Mr Nestor, however, said his client would not be consenting to a further four weeks in custody.

“Judge Owens saw fit to admit him to bail. He’s been unable to make bail and has spent 104 days in custody waiting for DPP directions,” he said.

“Judge Owens was told on the last occasion and the occasion before that, that there were more victims. We’ve also been told that today. It’s high time directions should be before the court.” His application was for the court to deal with the current charges in absence of DPP directions regarding other potential charges.

Judge Fay offered to mark the case pre-emptory against the state if Mr Banda would consent to a further four week remand in custody.

However, Mr Nestor’s instructions were that Mr Banda would consent to two further weeks in custody if it was marked pre-emptory against the state.

“I’m not marking it pre-emptory, I would if he consented to four weeks, but not for two,” Judge Fay said.

Regarding the charges already before the court, it was previously heard how, on February 13th, 2023, at an address on Sarsfield Square, Athlone, it is alleged that Mr Banda dishonestly by deception induced a woman to transfer €1,000 to his account in the belief she was giving him money to buy a white Volkswagen Polo car.

Two identical charges of €1,000 transfers arose on February 17th and March 31st, 2023, with the woman again believing she was transferring the money to help the accused purchase a car.

A further charge on March 31st, 2023 at Athlone Credit Union, alleges that Mr Banda induced the same woman to transfer €14,000 from her Credit Union account to his AIB account, with the reference “car balance”, and made her believe it was for his truck business in Malawi and that she would be repaid.

Judge Owens granted Mr Banda bail on January 14th, “but with strict conditions”.

Those conditions included an own bond of €5,000 with Mr Banda ordered to lodge €2,500 of that. An independent surety of €10,000 was also directed, to be approved by Gardaí. €5,000 of that will need to be lodged before Mr Banda is released.

Judge Fay further remanded him in custody, with consent to bail, to May 6th, noting that the state expects DPP directions in four weeks.

*Published as part of the Courts Reporting Scheme.