Court faults destruction of drugs ship
Lawyer Cliff Ombeta representing the nine Pakistanis accused of trafficking heroin worth Sh1.3 billion seized at the port of Mombasa in August argues a point at the Mombasa Law Court on September 2, 2014. PHOTO | KEVIN ODIT |
What you need to know:
- Mombasa chief magistrate Maxwell Gicheru said it was common knowledge that the vessel had been destroyed by Kenya Defence Forces personnel.
- Prosecutor Nicholas Mutuku said if the vessel was destroyed, the court should have been the first to make a complaint to the police or any authority with powers to investigate.
A magistrate on Monday criticised the destruction of a vessel with heroin valued at Sh1.3 billion, saying it was a blow to the rule of law.
Mombasa chief magistrate Maxwell Gicheru who is trying 12 people facing charges of trafficking heroin said it was common knowledge that the vessel had been destroyed by Kenya Defence Forces personnel.
Mr Gicheru had declined an application by the State to destroy the ship which was an exhibit in the proceedings but allowed the destruction of the heroin.
“I was not present (during destruction). I do not know if legal procedures were used (in destroying the drugs),” said the magistrate in his ruling.
The chief magistrate said despite the destruction of the vessel, the trial will proceed from where it had reached.
NOT AWARE
Prior to the court ruling, lawyer Cliff Ombeta representing nine crew members of the ship and the owner said an order for the destruction of the vessel should have emanated from the court.
“Where do we start cross-examining from, if there was no court order, then it means that it (vessel) was stolen,” said Mr Ombeta.
Mr Ombeta said if the vessel was stolen, then someone stole it and the court should complain about it.
The prosecution told the court that they were not aware of the destruction of the vessel and only heard about it in court.
Prosecutor Nicholas Mutuku said if the vessel was destroyed, the court should have been the first to make a complaint to the police or any authority with powers to investigate.
“The office of the DPP is not an extension of the Executive,” said Mr Mutuku adding that no owner of the vessel came to court to complain it had been destroyed.
Mr Mutuku said the issue can only be addressed if a complaint was made to the police so that an inquiry is made and a conclusion is arrived at.
“The prosecution never stole the exhibit (vessel) from the court, nor do we have access where the court keeps exhibits,” said Mr Mutuku.
The vessel, MV Al Noor, was blown up in the high seas on Friday as a sign of the government’s tough position against drug trafficking.
President Uhuru Kenyatta supervised the destruction of the vessel with its contents aboard a military helicopter.
