Video to be played as evidence in missing Masjid Musa man case
28 February 2014, 12:46
Mombasa - A High Court will Friday determine whether to admit as evidence video footage showing the arrest of a suspect who went missing after police raid on Masjid Musa in Mombasa.
Hemed Salim Hemed has been missing since February 2 when he was arrested during the chaos.
The missing man’s younger brother, Masoud Salim Hemed, filed the application on Thursday seeking Justice Edward Muriithi to allow video footage downloaded from media websites.
Hemed’s brother wants the footage played in court to prove or disapprove evidence of police constable Owino Okuto.
Through lawyer Yusuf Abubakar, the petitioner raised eyebrows over Okuto’s testimony, saying that he handcuffed Hemed from the back and ushered him into a police Land Cruiser vehicle but failed to confirm authoritatively whether he was among suspects held at Makupa Police Station.
“This CD will help the court to move to arrive at a just determination of this case. The content was downloaded from different Kenyan media houses. The content can be verified by the public. They can be viewed, including the respondents,” added Abubakar.
Abubakar further said that playing the electronic recording evidence will help the court get into the root cause of the case before arriving at its decision.
The Director of Public Prosecution and the Attorney General opposed the application, adding that the credibility of such electronic evidence can only be verified by the editors and the cameramen who recorded Hemed arrests at Masjid Musa.
Senior Principal State Counsel Alexander Muteti said that without the cameramen who shot the footage, editors who edit them and the person who downloaded the video from the respective media websites, the video evidence cannot be admissible under evidence act.
He further argued that the media houses which posted the footage on their websites have the control of the image and only the cameramen and video editors can tell the court the credibility of the image.
The AG insists that there is danger of the video being tampered with as allowing such evidence would lead to the introduction of more witnesses besides the two police officers who were ordered to appear for cross examination and threatened to seek it played in camera.
For the latest on national news, politics, sport, entertainment and more follow us on Twitter and like our Facebook page!
Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.