31-year-old Marrian, grandson of the sixth Earl Cawdor, faced 30 years in jail if convicted
Now the charges are about to be dropped because, a source claims, the narco-smuggling operation had already been fully investigated by Spanish police and DEA, Marrian was vindicated
Jack Marian’s attorney said Kenyan authorities are withdrawing becausethe case against his client [Jack Marrian] is weak and they knew he didn’t know about cocaine
Marrian is happy at prospect of spending Christmas with his family
Jack Aexander Marrian who was charged by Kenyan police after cocaine worth $5.62 million was found in a shipment of sugar belonging to his company in July, covers his nose as the coke is unpacked at Kenya’s anti drug unit offices in n Nairobi
Kenya’s anti-narcotics unit has urged the country’s directorate of public prosecution (DPP) to drop the case against Jack Marrian at a hearing in Nairobi on Wednesday.
Sugar trader Jack Alexander Marrian, , grandson of the 6th Earl Cawdor and nephew of the current Earl, was charged by Kenyan police after cocaine worth $5.62 million was found in 90 packages, stashed in seven sacks hidden inside a container of Brazilian sugar at Mombasa port, in July. The shipment of sugar belonged to Marrian’s company.
British businessman Jack Marrian (Right), CEO of the company that imported the sugar, was charged eight days later along with his clearing agent Roy Mwanthi (left), a Kenyan national
During the trial proceedings on November 11, defense attorney, Andrew Wandabwa contended that the prosecution’s allegation that Marrian was the owner of the cocaine, as well as, the sugar was unsubstantiated.
Drawing attention to the presence of a duplicate seal found inside the shipping container along with the cocaine, Wandabwa said this was “the hallmark” of a style of smuggling known as “rip-on, rip-off”, whereby cartels place their illicit cargo inside a legal consignment shipped by an unwitting owner.
Drugs officer Hamisi Massa had testified under cross-examination by the defense counsel: “Would you agree the smoking gun, as far as the owner of the drugs is concerned, is that unused seal?” Wandabwa asked.
“Probably, yes,” Massa replied. “People could be using the transactions of others to transact illegal business without the knowledge of the owner.”
Jack Marrian [seated right], watches as the cocaine packages were unpacked by Kenyan anti-drug agents at their headquarters in Nairobi, Kenya
The sugar and cocaine were packed at Port of Santos in Brazil, then shipped to Kenya via Valencia, Spain. According to British paper ,The Mail, Spanish police and the US drug enforcement agency, DEA, tipped-off Kenyan authorities about the presence of the drugs. It is understood that both agencies believe the drugs were destined for the European market but somehow was not off-loaded in Spain, as planned.
Once the drugs arrived Kenya, Marrian and clearing agent Mwanthi were both arrested and charged after their names were seen on shipping documents.
T he proceedings of November 11 concluded with magistrate Derrick Kuto adjourning the case until January 19, 2017.
Jack Marrian, maintained that her knew nothing about the drugs that arrived Mombasa port, Kenya, packed along with the sugar his company imported from Brazil
The latest development is expected to signal a dramatic end to the case which has attracted global attention largely because of Marrian’s British aristocrat profile.
Reacting to the news of imminent dismissal of the case Marrian said
‘It fills me with joy to think of sharing this with my family in the lead-up to Christmas. If this injustice had continued, I stood to lose my freedom for the rest of my life, and my family would have been destroyed.’
His attorney said the DPP’s office had confirmed that they had received the letter requesting the withdrawal of charges against his client.
The letter implies that the reason for the investigation being dropped is that they are awaiting further information from abroad. However, a DEA source in Nairobi said the reference to ‘further intelligence from Brazil and Valencia’ was meaningless and that the drugs operation had already been fully investigated, and Mr Marrian vindicated.
Reportedly, nearly 100 kg of cocaine were loaded on to a ship in the Brazilian port of Santos by a South American crime syndicate. The drugs were intended to be unloaded in Valencia, Spain, by gang members.
But they failed to remove the cocaine from the ship, and it sailed on to Kenya in a container ordered by Mr Marrian’s company, Mshale Commodities. The drugs were then seized by police in Mombasa.
One agent said: ‘We knew before it landed that this cargo was never intended for Jack Marrian or any company in Kenya. It had been overlooked and missed by the criminal gang in Spain, then sailed on to Mombasa via Oman.’
Kenyan police gave notice of intent to withdraw the charges against Marrian (white shirt), to the office of the Director ate for Public Prosecution [DPP]
US drug enforcement agency staff and police in Spain had followed the shipment from Brazil to Valencia, and were certain that Mr Marrian knew nothing of the cocaine
Reports compiled by the DEA and handed to Kenyan police included evidence from Brazilian and Spanish police which stated that ‘the recipient of the shipping container would have no knowledge of its contents’.
Despite that, Mr Marrian and Mshale clearing agent Roy Mwanthi were charged with smuggling narcotics.
Until now, prosecution lawyers allegedly have refused to hand over DEA reports that could clear the two men. The January 19th court date is expected to be dropped after Wednesday’s application to magistrates to withdraw the charges, allowing him to walk free.