Officer says he only led Hemed out of mosque

42 years Hemed Salim Ahmed arrested by police during the police raid on Masjid Musa Mosque in Mombasa on this photo taken on 2nd February 2014. A senior criminal investigator has told the court that he escorted the missing Masjid Musa man, Mr Hemed Salim Hemed, out of the mosque for his own safety. His whereabouts have not yet been established. PHOTO/KEVIN ODIT

What you need to know:

  • While being cross examined by Mr Abubakar, Mr Wesonga confirmed to court that he was the one seen on a video played in court whisking Hemed out of the mosque.
  • While testifying on the content of the video shown in court, the witness said he took upon himself to remove the man outside the mosque to protect him from other police officers who were harsh to him.

A senior criminal investigator has told the court that he escorted the missing Masjid Musa man, Mr Hemed Salim Hemed, out of the mosque.

He, however, declined to confirm whether or not he was the arresting officer.

Mombasa’s Deputy District Criminal Investigation Officer Evans Wesonga refused to answer a question posed to him by a lawyer representing Hemed’s brother, Mr Yusuf Abubakar, on where the missing man was taken and whom he handed him over to, after taking him from the mosque.

Mr Wesonga answered after intervention of High Court judge Edward Muriithi, who also wanted to hear his answer.

“I cannot answer that question. He is trying to fix me. I am not the one who arrested him” the officer responded.

Justice Muriithi had extended the hearing of the habeas corpus (a court order that requires an arrested person to be brought before the court or judge) case to Saturday upon request from one of the two petitioners, Nairobi-based activist Okiya Omtatah.

FOR HIS OWN SECURITY

Mr Wesonga told the court that Hemed was not among 129 suspects taken to three police stations, namely, Makupa, Port and Changamwe, and charged in court the following day.

“Your honour, going through the record of 129 suspects, the name Hemed Salim Hemed was not in Makupa Police Station’s Occurrence Book entries for that day, and the following day, I did not come across that name.

“I charged the suspects before court and Hemed was not among them,” he said.

While being cross examined by Mr Abubakar, Mr Wesonga confirmed to court that he was the one seen on a video played in court whisking Hemed out of the mosque.

In the footage, the officer took the suspect outside the mosque with armed officers interrogating him about a G3 rifle allegedly found in his possession.

While testifying on the content of the video shown in court, the witness said he took upon himself to remove the man outside the mosque to protect him from other police officers who were harsh to him.

At the same time, lawyers for the petitioners and respondents agreed by consent to verify Inspector Wesonga’s testimony next week, by going through entries of the Occurrence Book from the three stations.

The hearings continue on March 10.