MBABANE – A Chinese fugitive accused of masterminding a $220 million (over E2 billion) fundraising scam has been denied bail after the court found that an Interpol Red Notice issued against him made him a flight risk.
In a judgment delivered by Principal Magistrate Fikile Nhlabatsi, the court dismissed an application by Jin Houyun (57), who was arrested in Matsapha on February 22 after Chinese authorities alerted Interpol that he was believed to be hiding in Eswatini.
The court held that the existence of an Interpol Red Notice weighed heavily against his release, noting that such notices are issued to locate and provisionally arrest persons wanted for prosecution or to serve sentences in another country.
Jin had argued that he was not a flight risk because he had spent his entire life in Africa and would not flee to another African country. He further submitted that 53 African countries maintain diplomatic relations with China, unlike Eswatini, making relocation elsewhere on the continent difficult for him.
However, the court found that his status as a person sought internationally for possible legal proceedings made it difficult to conclude that he would comply with bail conditions if released.
Referring to legal commentary on Interpol Red Notices, the court said the notices serve as international alerts to law enforcement agencies regarding individuals wanted for prosecution or to serve sentences.
“In simple language, he is a fugitive from the law,” the court stated.
Jin also relied on health concerns in support of his application, arguing that he required medical treatment outside custody.
While accepting that he suffered from health challenges, the court noted that no medical report had been produced to demonstrate the seriousness of his condition or to show that treatment could not be provided while he remained in custody.
The court heard that he had already received treatment at Manzini Government Hospital and that arrangements could be made for him to consult a doctor of his choice while under correctional services escort.
Citing South African case law, the court held that a medical condition must be considered together with all other relevant factors in determining whether bail should be granted.
The magistrate found that health concerns alone did not amount to exceptional circumstances and that adequate medical care remained available to the accused while in custody.
Consequently, the bail application was dismissed.
The court further directed the Commissioner General of His Majesty’s Correctional Services, the officer in charge of the correctional facility and prison medical personnel to submit Jin’s medical records to the court.
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