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DPP applies to block publication of key witnesses in ivory case

21 August 2015, 10:38 Ken Wekesa

Mombasa - The director of public prosecutions, Keriako Tobiko had made an application to adjourn and block the publication of the identities of some key witness he intend to use against Fiesal Mohammed in ivory case.

Through the state senior counsel Alexander Muteti, Tobiko said the application should be made confidential and no material and witness names should be disclosed.

“We have reviewed our application for witness protection under section 4 of the witness protection act and revealing their names will be unlawful and publication of the witnesses is also disallowed,” said Muteti.

He said in a letter dated June 6, 2014 addressed to the regional CID commander Mombasa, they had sought to have all the phone records of the accused and the witnesses retrieved, analysed and then supplied to the DPP so as to help the defense to prepare for the hearing.

He said the prosecution had already acquired the call records made at the scene of crime and at the moment they are awaiting analysis before they can be presented in court.

Read Also: On Africa trip, Obama unveils more ivory sale restrictions

“We will be failing in our duty under the administration of justice if we leave out any material that will help us in the prosecution of this case; we will be going contrary to section 4 and 5 of the criminal code of conduct,” said Muteti.

Prosecuting counsel Peter Kiprop informed the court that the police had arrested other new suspects who will be used in the case.

However, the defense team led by Jareld Magolo and Gikandi Ngibuini rejected the state application to adjourn the case.

“If the application will be granted, it will be violating article 50. The prosecution ought to have supplied all the statements before the hearing of the case,” said Gikandi.

Gikandi further said this was the third time the court had changed the hearing date of the case and already nine witnesses had testified in the case, saying the prosecution's call for adjournment was malicious.

Magolo said the prosecution's call for adjournment reveals that they have no witnesses to represent them before the court.

“It seems they (prosecution) are making several applications to cloud the court's judgement and seek time to sneak in new evidence in the case,” said Magolo.

The defense further renewed the bond application for Fiesal Mohamed who has been in custody since December 2014.

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