Anglo-leasing suspects have lashed out at Director of Public Prosecutions Noordin Haji for introducing new witnesses in what they claim was a failing case.
The Standard reported on Tuesday, October 1, that brothers Deepak Kamani and Rashmi Kamani argued that the new witnesses, if allowed to testify, would destroy their defence.
The two, through their lawyer Ahmednasir Abdullahi, stated that the new evidence was aimed at filling the gap that had been left by 45 witnesses who had already testified.
“The DPP is misguided in his perception that he has an omnibus window to introduce new evidence at any stage of the trial. He is equally misguided that he can do so without giving the accused and the court a justifiable reason,” Ahmednasir noted.
DPP Nordin Haji, through his deputy Nicholas Mutuku, appealed against Magistrate Martha Mutuku's decision to bar the introduction of new witnesses and evidence.
Mutuku claimed that the decision would have adverse effects on the case, making it difficult to prove corruption.
He argued that the magistrate was wrong in ruling against new witnesses being introduced, adding that their lawyers would have a chance to cross-examine the evidence.
The magistrate had stated that the intention to bring new witnesses was an afterthought and against the accuseds' rights to a fair trial, faulting the office of the DPP for not explaining why it took long to present new evidence.
Ahmednasir, however, defended Magistrate Mutuku, arguing that she was right in dismissing the new witnesses.
He noted that the DPP had taken too long to produce new evidence and dragging the case for another five years.
“DPP was misled into believing that he had the sole discretion to introduce fresh evidence against the interest of justice, when it is the trial court which has a duty and discretion on the admissibility of evidence,” Ahmednasir explained.
He added that the office of the DPP could not claim that its right of prosecution had been violated when it was infringing on the rights of the accused.
The two brothers are facing charges of trying to defraud the government through multi-billion shilling Anglo-leasing contracts alongside former Permanent Secretaries Dave Mwangi and Joseph Magari.
Former senior Treasury employee, David Onyonka, was also implicated in the case and he joined Magari in opposing the DPP’s push to have new evidence.
“The prosecution had indicated that they only had two witnesses and had supplied us with the statements, only to come up with a new application to introduce new evidence. This is being insincere and abuse of prosecutorial powers,” Peter Oonge, their lawyer noted.
