Court summons police boss in Monson inquest

A Mombasa court has summoned the Kwale Criminal Investigations boss to produce original statements written by police officers in connection with the death of the son of a British aristocrat.

Senior Principal Magistrate Richard Odenyo issued the directive following a successful application by lawyers Yusuf Aboubakar and O.B. Olaba for the parents of the late Alexander John Ruman Monson.

Mr Aboubakar, who is representing Ms Hilary Martin and Mr Olaba for Baron Nicholas John Monson told the court that original statements written by arresting officers on May 19, 2012 and a suspect arrested with the late Mr Monson would be vital in helping the court arrive at an informed decision.

Meanwhile, a senior police officer said he caught the aristocrat's son smoking bhang when he arrested him outside a popular tourist pub a few hours before his death.

And Sergeant Naftali Chege further alleged that Mr Monson was found with dangerous drugs which were discovered inside a brown envelope found behind the driver’s seat.

Sergeant Chege of the Police Tourist Unit told the magistrate that earlier before the arrest, a bouncer at Tandoori bar approached him while on patrol with his colleagues on Diani beach to report a case of someone smoking bhang inside the pub.

“I was with Police Constable Sereme and duty driver Police Constable Mohamed when we decided to rest after patrols. We decided to stay around Tandoria. We parked our vehicle some 50 metres from the bar,” Mr Chege said.

He said a bouncer at the pub approached and informed him that there was a person smoking bhang inside the bar.

“I went to inform PC Serem who was the duty crime officer to accompany me to the place. However, before reaching the bar, the bouncer pointed to us the suspect he said was smoking bhang. The suspect was inside a double cabin Hilux which was green in colour.”

While being cross examined by prosecuting counsel Ms Lilian Fundi from the Director of Public Prosecution, the officer further testified that he caught Mr Monson smoking bhang while seated in the driver's seat.

“I approached the vehicle from the rear before it could be reversed. As I was approaching the vehicle, I could smell bhang that he was alleged to have been smoking

“I immediately grabbed the bhang out of his mouth. I first grabbed it before introducing myself as a police officer and told him it was illegal to smoke bhang in the country,” Mr Chege said.

REPORT

Earlier, the DPP and the Independent Policing Oversight Authority opposed an application seeking to have an investigation report into the death of Mr Monson produced in court during the inquest.

Through Ms Fundi, the DPP on Monday morning said Section 387 of the Criminal Procedure Code does not provide for the production of any investigation report to court.

“It will breach the need for witnesses to come to court,” said Ms Fundi.

Ipoa, through Festus Kinoti, told the court that the production of the investigation report would defeat the purposes of witnesses attending court and testifying.

“The investigation report is an analysis of investigations, to table the report will be colouring the court’s mind,” Mr Kinoti told the magistrate.

However, the DPP did not object to the deceased family's request to call an expert from the United Kingdom to assist in the inquest.

Mr Aboubakar had made an application to have the report produced to the court.

The lawyer argued that before holding an inquest, the initial investigation report should be forwarded to the court.

“The court is supposed to have a copy of the preliminary investigation,” said Mr Aboubakar who had also made an application for the expert from UK to assist in the inquest.

Mr Aboubakar also told the inquest that the expert is "extremely" busy and will be available on Thursday.

DRUG OVERDOSE

During a previous hearing, the inquest heard the deceased, who was a psychologist, was being treated for a drug overdose.

Palm Beach hospital administrator Justus Aming’a told the inquest that as per the medical records, Mr Monson was being treated for a drug overdose.

“I saw the treatment form,” said Mr Aming’a, who told the inquest that he did not inquire what the patient was being treated for.

The witness, who said he was not a medical practitioner, told the inquest that Mr Monson was unconscious and that he (Mr Aming’a) did not talk to him.