British Terror suspect not yet off the hook as Govt appeals his acquittal
04 February 2015, 15:34
Mombasa - The Director of Public Prosecution, Keriako Tobiko filed an application appealing the acquittal of nine charges against a British national, Germaine Grant.
In the application at the Mombasa high court through senior prosecutor Jami Yamina, the prosecution sated that the honorable magistrate, Anastasia Ndungu, erred in acquitting Grant given that he found guilty of the offences.
Tobiko said the magistrate erred in law by failing to appreciate the principle of joint offenders and thereby arriving at a wrong conclusion in law that there was no proof that the accused was involved in the crime.
He said that magistrate Ndungu had taken into account irrelevant consideration that had no factual basis therefore reaching wrong conclusion in law, amounting into miscarriage of justice.
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In the application, the prosecution said that the evidence adduced by the two witnesses who testified in the case was found to be truthful and credible leading to the conclusion that Grant was an active participant in the crime.
Grant had denied one count of making false statement at the registrar of births, three counts of procuring execution of a document by false pretense, and three counts of issuing a false document.
At the trial stage of the case, state witness informed the court that Grant had allegedly presented himself in Voi, Taita Taveta County, as Ali Mohammed Ibrahim and Robert Mwakio Mwata pretending that he was an orphan whose birth certificate had not been issued.
The state further alleged that Grant had informed the registrar of persons that he attended Tom Mboya primary school and later dropped out at class four.
Grant is also alleged to have hired old women to present him at the registrar of person at Voi as his grandmother.
He is also facing other terror related charged where he is accused of being in possession of explosive and materials that are used to make explosives.
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