Drama as officers differ in Briton's death inquest

There was drama in a Mombasa court when police offers gave conflicting accounts, withdrew testimonies over the mysterious death of a son of a British aristocrat, Nicholas Monson.

The officers, five in service and one in retirement, were testifying in a week-long inquest into the death of Alexander Monson, 28, in the resort of Diani Beach, Kwale County, on May 19, 2012.

They include Police Constables William Serem, John Pamba, Bernard Koech Chirchir, Ismail Baraka Baluma, former Diani tourist police unit boss, now retired Chief Inspector Charles Munyiri, Constable and former Diani OCS Paul Cheruyot Roho.

Mr Serem testified on Monday when the inquest reopened after a 13-month break and narrated to former Mombasa Senior Principal Magistrate Richard Odenyo, the chronology leading into the deceased’s arrest one Saturday at Tandoori bar.

According to him, they were on night patrol near the bar when they arrested Alexander after a bouncer at the club alerted them of someone smoking bhang inside a parked double cabin vehicle.

PIECE OF SMOKED BHANG

“Corporal Chege went to the vehicle and beckoned me to join him and stop two other occupants from leaving the vehicle.

“I saw a white man on the driver’s seat trying to reverse with corporal Chege holding a piece of smoked bhang, which he told me he had snatched from Alexander. I did not see Alexander smoking,” he said.

The deceased was allegedly found with dangerous drugs described as ketamine and denzepan in a brown envelope found under the driver’s seat.

He testified that they then handcuffed Alexander with his African friend, drove them to Diani police station and handed them over to “the report office personnel” to place them in the cells.

“Later that day at around 1pm, Corporal Chege told me that the male European prisoner died at Palm Beach Hospital. I was shocked because he was just talking and jovial. He never complained or showed signs of illness of any kind or being unhealthy,” he added.

ON DUTY

Police constables John Pamba and Ismail Baraka Baluma were the ones on duty at the report office. They received Alexander and his co-suspect but the latter was released unconditionally.

Mr Pamba contradicted himself in two statements he recorded with Independent Policing Oversight Authority (IPOA) and the Directorate of Criminal Investigations (DCI).

In his DCI statement he said the late Alexander’s health was “okay” but his IPOA statement said he “looked confused and staring at one place for more than three minutes” adding that: “One prisoner alerted me that there is one prisoner who was lying down on his back appearing sick.”

Mr Pamba added that he ‘stretched his head’ which he claimed he had “twisted it” but conceded his failure to record the alleged incident in the Occurrence Book (OB) as per police procedure.

Mr Pamba implicated Mr Baluma, his co-sentry duty officer of allegedly stealing and selling Alexander’s Nokia mobile phone which he had kept in a small metal box alongside a Visa Card and Sh650.

NO ACTION

“Mr Salim was arrested, prosecuted and handed a non-custodial sentence. No action was taken against PC Baraka even after it was discovered that he sold the deceased’s mobile phone,” he told the court.

When he took to the witness box on Friday, Mr Baluma denied stealing the mobile phone which he told the court was found with Mr Salim who he testified against.

He was unable to explain how the civilian had accessed Mr Alexander’s property which they had taken for safe custody.

Constable Baluma further contradicted Mr Pamba’s testimony that a suspect inside the cell alerted them after seeing Alexander laying on the back appearing sick.

“I never heard any person saying there was a sick prisoner inside the cell. I don’t know who is lying (between him and Mr Pamba) in response to cross examination by Alexander Monson’s lawyers Yusuf Aboubakar and Alfred Olaba.

CONFLICT

He told the court that the late Alexander who was claimed to be intoxicated was indeed “very normal” which he clarified to the court to mean not under any drug influence.

Mr Buluma’s sentiment conflicted with that of other police officers who stated before him that the late Alexander was drunk when he was arrested and taken to Diani police station.

Another drama involved a clash between former Diani area tourist police boss, retired Chief Inspector Munyiri and former Diani Officer Commanding Station (OCS) Chief Inspector Paul Cheruyot Roho, now in Kajiado County.

The latter stated in his statement to IPOA that he saw the former and Corporal (now Sergeant) Naftali Chege in his office dealing with Alexander.

“While at the station , I found the in charge of tourist police office, Chief Inspector Munyiri together with the a white guy whom I later came to learn his name as Alexander Monson. The white guy was not in the cells at the time,” added Mr Roho.

DENIED

In a dramatic twist on Friday, he denied ever making such reference to the IPOA investigators who had recorded statement from him and other officers at Diani police station on October 24, 2013.

“I can’t remember seeing Chief Inspector Munyiri. I was going to my house when I passed by Munyiri’s office. The lights were on and I saw like two people inside, something like that…,” he added.

Mr Munyiri who has since retired denied ever taking the late Alexander to his office as Mr Roho asserted.

“I only met Alexander Monson for about ten minutes at the report office at 2:30am. I never met him again until when I heard about his death around 5pm when I went to Palm Beach Hospital.

“I strongly deny being with the deceased at the report office any time after the above stated hour neither was he ever brought to my office. It is a complete falsehood for anyone to allege that the deceased was brought to my office,” he said.

HIDING

The police officers were all put to task over inconsistencies in their testimonies, offering unconvincing explanations while under cross examination from lawyers Aboubakar and Olaba.

Severally, the lawyers told the witnesses that they were “collectively shielding each other” and merely conspiring not to tell the truth despite being on oaths, fearing ramification of saying the truth.

“Do you know anything that happened to Alexander while in police cell and you are deliberately withholding it from the court? If you do, you have missed that opportunity,” Mr Aboubakar remarked in his cross examinations.

Mr Olaba added: “What is it that you are hiding? Who is that you are protecting, covering up? I put it to you that you were responsible with Alexander Monson’s murder and you are only trying to mislead this honourable court.”

The lawyers urged the court to take note of the conduct of the witnesses, who not only contradicted each other but some disowned their own statements recorded with the DCI and IPOA.

AUTOPSY REPORT

Autopsy results found that Alexander died from a blow to the head, defensive injuries to his left arm and scrotums were bruised — caused by a blunt object believed to be police baton, butt of police rifle or a hard surface.

The inquest file into the death of Alexander was opened on January 14, 2015 following a letter from the office of the Director of Public Prosecutions (DPP) to the Chief Magistrate who requested the file to be opened.

Alexander Monson was a grandson of Baron (Nicholas) Monson, the 12th Baron of Monson and when the 11th Baron died, the title passed on to his father Baron Nicholas John Monson.

Since the death of Alexander Monson, Nicholas Monson has been pushing for justice and had challenged both the Kenyan and British governments to investigate those behind the mysterious death of his son.

The inquest has been adjourned to July 24, with nearly 20 witnesses set to testify.