Detectives to analyze terror suspect's phone records
18 February 2015, 21:37
Mombasa - A Mombasa court has allowed the anti-terror police unit in Mombasa 10 days to analyze the phone records of a terror suspect arrested in Lamu.
In an affidavit sworn before the court, the investigation officer requested the court to detain Mustafa Shebwana Mohammed for 10 days to allow the police to complete their investigations, and the forensic analysis of his handset at the cyber unit in Nairobi.
The state prosecutor, Eugene Wangila prayed the court not to release the accused person on bail since he might interfere with the ongoing investigations.
“We pray that the accused be detained at the police station since he might interfere with the ongoing investigations,” said Wangila, adding that the charges that might be leveled against the accused person are serious.
However, the lawyer of the accused, Abubakar Mohammed objected the application, saying the state application was incompetent and they had not given the reason as to why the accused was not arraigned in court.
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“There is a fundamental breach of the constitution. No reason was given as to why the accused was not arraigned in Lamu court within the 24 hours of his arrest,” said Abubakar.
The defense lawyer said the CID officers had not indicated why they had failed to conduct the investigation for the last 20 days they had the accused person in custody.
Abubakar said section 35 requires that an officer requiring continued dentation of an accused should disclose the nature of the offence.
“It’s therefore my submission that the police had not given any legal basis for the continued detention of the accused. I hereby pray this court to dismiss this application."
Chief magistrate Stephen Riech directed that the accused be held at airport police station. The case will be mentioned on February 27, 2015.
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