British suspect acquitted of nine charges but still faces terrorism charges

British terror suspect Jermaine Grant. His acquittal by a magistrate of nine charges among them attempt to register a birth certificate has been set aside by the High Court in Mombasa. PHOTO | KEVIN ODIT | NATION MEDIA GROUP

What you need to know:

  • Shanzu Resident Magistrate Anastasia Ndung’u said the prosecution did not prove the charges against the accused beyond any reasonable doubt.
  • The magistrate further stated that the evidence adduced by the prosecution falls far below the threshold of standard proof.
  • However, he is still facing other terrorism related charges in the same court where he has been charged alongside two Kenyans.
  • In September 2013, Mr Grant was acquitted of robbery with violence charges by a Nairobi court after the court found that there was no evidence to sentence him.

British terror suspect Jermaine Grant on Wednesday was acquitted of nine charges he was facing, among them making a false statement to the registrar of births.

Shanzu Resident Magistrate Anastasia Ndung’u said the prosecution did not prove the charges against the accused beyond any reasonable doubt.

However, he is still facing other terrorism-related charges in the same court, where he has been charged alongside two Kenyans.

“In the end, I agree that the accused may be a prime suspect in the crime that took place, but a conviction cannot be founded on mere suspicion, however strong,” said Ms Ndung’u.

The magistrate further stated that the evidence presented by the prosecution falls far below the threshold of standard proof.

In her judgment, the magistrate said there were coexisting circumstances that would weaken or destroy the inference of guilt.

Ms Ndung’u said three things attributable to the accused as far as the case was concerned are that he was in the company of a man by the name of Mustapha when he met three witnesses, he did not speak to them and he could not speak Swahili.

FALSE PRETENCE

According to the charge sheet, on diverse dates between September 19, 2011 and September 26, 2011 in Voi District, being a British citizen, Grant, alias Ali Mohammed Ibrahim, alias Peter Joseph, alias Robert Mwakio Matata, attempted to procure a Kenyan birth certificate by falsely pretending he was a Kenyan.

He was also charged with giving false information to Mr Tibran Tumbo, the assistant chief of Muraru Sub-Location, Esther Waiganjo, the district officer, Tausa Division, and Mr Raphael Lemaletian, Voi District commissioner.

The prosecution intends to appeal against the decision of the magistrate to acquit the terrorism suspect.

In September 2013, Mr Grant was acquitted of robbery with violence charges by a Nairobi court after the court found that there was no evidence to sentence him.

In the other case, Mr Grant and Ms Warda Breik are facing a charge of being in possession of explosive materials.

In the second count in which they have been charged jointly with Mr Frank Nyenyo, they allegedly, jointly with others not before court, conspired to improvise an explosive device with the intent to cause loss of lives and harm to innocent citizens.

During the hearing of the case, Scotland Yard Detective John Riley told the court that there was no DNA or fingerprints recovered from exhibits allegedly seized from a house where Mr Grant lived.

He said that might have been as a result of how the exhibits were stored and handled and whether individuals who handled them wore gloves.