Shabaab suspect’s case postponed after fear of attack on prison van carrying him

Senior prosecuting counsel Daniel Wamotsa makes his submissions before Justice Martin Muya at the Mombasa High Court on July 22, 2015. He said attempts to bring to court Al-Shabaab suspect Sheikh Khalid Mohamed Ali failed after intelligence reports showed that the vehicle transporting him would be ambushed. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP

What you need to know:

  • The suspect was an Imam at the Mlango wa Papa Mosque at Mji wa Kale in Mombasa.
  • Mr Wamotsa asked the court to direct that the suspect’s case be transferred case to the Shanzu Law Courts, which are within the prison’s compound.
  • However, defence lawyer Jeff Asige dismissed the prosecution’s claims as cheap and inflammatory.
  • He claimed that the accused was actually locked up in court cells.

A case in which a Muslim preacher is accused of being a member of the Al-Shabaab terror group was adjourned Wednesday morning.

The decision was taken after the High Court in Mombasa was told that the suspect’s "associates and sympathisers" planned an attack on the vehicle ferrying him to the court from Shimo la Tewa Maximum Prison.

Senior prosecuting counsel Daniel Wamotsa told Justice Martin Muya that the vehicle carrying the suspect, Sheikh Khalid Mohamed Ali, had to turn back and return to Shimo La Tewa prison after officers received intelligence reports on the planned ambush on the vehicle.

The ambush was allegedly plotted on the Mombasa-Malindi road with the aim of releasing the suspect.

Sheikh Ali, who hails from Lamu County and is a resident of Mombasa's Old Town, was arrested in May and police say they found a hand grenade and plastic explosives in his house in Bondeni.

The suspect was an imam at the Mlango wa Papa Mosque at Mji wa Kale in Mombasa.

MOVE CASE TO SHANZU COURTS

In his submission, Mr Wamotsa asked the court to direct that the suspect’s case be transferred to the Shanzu Law Courts, which are within the prison’s compound.

He argued that the suspects’ sympathisers and associates were behind the unsuccessful attempt to ambush the vehicle ferrying the suspect to the Mombasa Law Courts.

“The security officers received (a) classified intelligence report this morning that an attack had been planned by sympathisers and associates of the accused person to lay an ambush on a motor vehicle that would ferry him to this court,” he said.

He added: “In that regard they (prison warders) have not been able to bring him before this honourable court.

“Arrangements are being made to beef up security so that he can be brought to court.”

However, defence lawyer Jeff Asige dismissed the prosecution’s claims as cheap and inflammatory in the case in which the Director of Public Prosecutions had filed an appeal opposing the release of the suspect on bond.

He claimed that the accused was actually locked up in court cells.

“I am very surprised by what my learned colleague is saying. The objective of what he is saying is first to get an adjournment and secondly merely being dishonest with this court. The accused person was brought this morning and locked up in court cells,” Mr Asige added.