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Daily Nation : February 28th 2014
8 | National News MISSING MAN | The DPP and Attorney-General have opposed application saying footage could be altered Court to rule on Hemed arrest video T Petitioner wants video to be admitted as part of evidence in ongoing case BY GALGALO BOCHA @gallgallo email@example.com he High Court in Mombasa will today determine whether to allow video footage showing the arrest of Mr Hemed Salim Hemed as part of evidence in the ongoing case. Mr Hemed went missing after the Masjid Musa chaos on February 2. The missing man’s younger brother Masoud, filed the application yesterday asking Mr Justice Edward Muriithi to allow video footage downloaded from media websites to be played in court to prove or disapprove police constable Owino Okuto’s testimony. Through lawyer Yusuf Abu- bakar, the petitioner queried Mr Okuto’s testimony who testified that he handcuffed Mr Hemed and ushered him into a police vehicle but failed to confirm authoritatively whether he was among suspects held at Makupa police station. “This CD will help the court arrive at a just determination of this case. The content was downloaded from different media houses’ websites,” said Mr Abubakar. He added: “I don’t see why this court should not be given an opportunity to see this video…. The respondent will not be dis- LABAN WALLOGA | NATION Mr Yusuf Abubakar, the lawyer representing Hemed’s brother Masoud, before a Mombasa High Court yesterday. advantaged in anyway.” Mr Abubakar further submit- ted that playing the electronic recording evidence will help the court to get into the root cause of the case before arriving at the decision. The Director of Public Prosecutions and the AttorneyGeneral have since opposed the application saying that the credibility of such electronic evidence can only be verified by the editors and the cameramen who recorded Mr Hemed’s arrest at Masjid Musa. Senior principal State counsel Alexander Muteti submitted that without the cameramen who shot the footage, editors who edited them and the person who downloaded the video from the respective media websites, the video evidence could not be admissible under the evidence Act. “The CD by its very nature is a document within the meaning ‘‘ This CD will help the court arrive at a just determination of this case,” Lawyer Yusuf Abubakar of the law. ‘‘All rules that govern the production of evidence must be strictly adhered to,” he added The AG, through lawyer Oscar Eredi, added that there was a danger of the video being tampered with. He said allowing it as evidence would lead to the introduction of other witnesses in addition to the two police officers who were ordered to appear for crossexamination. DAILY NATION Friday February 28, 2014 BRIEFLY BUSIA Police advised to leave small offences to chiefs Busia Governor Sospeter Ojaamong has advised police to let chiefs deal with chang’aa drinkers and focus on “hardcore criminals”. Mr Ojaamong said on Wednesday there were more serious issues that police should use national resources on. “Use your vehicles to carry hardcore criminals, not chang’aa drinkers and minor offenders. Let chiefs handle those,” he said as he flagged off 22 police vehicles from the national government. “Security is paramount and we must ensure residents and the business community enjoy it,” he said. NAIVASHA Mugger handed life term for Sh350 theft A 21-year-old mugger was yesterday imprisoned for life for violently robbing a shopper of Sh350. The magistrate described John Ndirangu Ritha as a dangerous man who exposed the hapless shopper to imminent risk of dying when he tried to strangle him with a piece of wood. Ndirangu and two others, who escaped, attacked Mr Herman Njogu on his way home from the shop in April 2012. In mitigation, Ndirangu pleaded for forgiveness, saying he had been tempted by the devil to steal from the victim.
February 27th 2014
March 1st 2014