Tobiko wants CID boss shooter's bond cancelled
28 January 2015, 21:28
Mombasa - The director of public prosecution, Keriako Tobiko has applied for the cancelation of bond granted to man suspected to have shot Mombasa CID boss, Ndumba Thangalani.
The state prosecutor, Lydia Kagori informed the court that they have received vital information that the accused, Abdala Swaleh, travelled to Dubai after he failed to appear in court.
“The suspect alleged that he was unwell when he missed the court proceedings,” said Kagori.
She said her sources were reliable and requested the court to compel Swaleh to avail his passport number to enable the state to verify if he was in the country at the hearing of his case.
Kagori said the document provided by Swaleh to support his claims might have been forged and thus could not be used in court.
Swaleh's lawyer, Wycliffe Makasembo objected the application made by the DPP.
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“The sate is relying on unconfirmed sources of information, which are aimed at derailing constitutional rights of my client,” said Makasembo.
He said there was no evidence in the migration department showing that his client had travelled to Dubai since the commencement of his case.
Makasembo further added that his client cannot travel out of his country because he had misplaced his passport.
“It would be impossible for my client to travel out of the country because he had misplaced his passport and which will also be impossible to be produced in court at the moment,” said Makesembo.
Swaleh was charged alongside three others; Abdulkarim Saraj, Swaleh Ramadhan and Kayun Khatib with an attempt to murder the CID boss in Tudor area in Mombasa while he was trailing suspected armed robbers on August 26, 2014.
The four denied the charges and are out on a bond of KES 500 000 a surety of a similar amount.
Senior magistrate Maxwell Gacheru is set to deliver a ruling on the cancellation of bond on January 29, 2015.
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