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Terror suspect case postponed after death of witness

17 April 2014, 20:01

Kwale - A murder suspect, who police initially wanted to charge with terror counts,appeared before a Kwale court yesterday.

Bakari's case could not continue before Principal Magistrate Elizabeth Usui because the prosecution counsel, Mungai was not present, the matter has been postponed to the 25th of May.

Court clerk Roba Inkarani told the court that the state counsel was away attending a seminar and therefore many cases had to be postponed for later dates.

Bakari who had appeared before the court earlier and pleaded not guilty to the charge of attempted murder was represented by a former court magistrate and a practicing lawyer, Abdulrahaman Aminga.

The suspect was charged on the 17 October 2013 at Mbuwani village in Diani, Kwale County attempted to cause the death of Swalehe Mwakuyumba a (deceased after Sunday shooting) by shooting him on the left hand, right shoulder and waist.

Yesterday, prosecutor Peter Muiruri told the court that the complainant who was a key witness in the case was killed on Sunday and therefore it would be of great importantance for the court to be given time to consult with DCIO on the same.

Inspector Muiruri applied for later dates for the case to be heard because of the killing of the witness on Sunday and also since the state counsel taking the matter was not present.

The suspects' lawyer Abdulrahman Aminga agreed with prosecution side application saying he had no problem with that.

Outside the courts Aminga said had not learned of the witness death adding that “ if the killing has no direct connection to my client then he will continue being charged with attempted murder but if he is connected obvious the case will be taken to another courts with capability of handling murder cases”.

He said for his client to face a new charge of murder instead of attempted murder there must be a direct connection especially if the previous attacks had led to the death of the witness.

Earlier, when police arrested Bakari they had interest of charging him with three counts that is hurling two grenades at Tandoori bar and the second to patrolling police but only the third charge of attempted murder survived.

Police did not confirm that the deceased death was organized by the suspect to distort evidence against him believe he is behind the matter.

The deceased Swalehe Mwakuyumba, before his death on Sunday at Msambweni hospital had survived two gun attacks, one in early February where he was shot in his stomach but was treated and discharged.

He was again attacked as he left a mosque, but escaped unhurt before the gunmen raided his home on Sunday and shot at him in his stomach twice before injuring his wife on her leg.

Msambweni OCPD Joseph Omijah said that they have not arrested any suspect so far but a senior lawyer who did not want to be mentioned said that Bakari is the first suspect of the deceased death although the incident occurred while he was in police cells.

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