Magistrate withdraws himself from heroin case

A Mombasa magistrate on Wednesday withdrew from a Sh22 million heroin case following the destruction of a vessel that police say was transporting the 7.6kg haul.

Chief Magistrate Julius Nang’ea said the decision to destroy Baby Iris was arrived at before he could deliver a ruling seeking the release of the vessel to the police for disposal.

Mr Nang’ea said he went for his annual leave expecting to deliver the ruling on his return, only for the yacht to be blown up 33 kilometres offshore.

“The vessel was produced as an exhibit and remained in the custody of Kilindini Port Police Station awaiting more court orders,” the magistrate said on Wednesday.

“The court reserved its ruling for delivery on September 16, 2015 and I proceeded on my annual leave. The Executive’s action strikes a blow to the rule of the law. I no longer feel comfortable conducting this case.”

Seychellois Clement Serge Bristol, who was the pilot, and Kenyans Ahmed Said Bakar, Mohamed Bakari Mohamed, Sharifu Mzee Mohamed and Ahmed Hussein Salim, have been charged with trafficking the heroin.

Their lawyer, Mr Jared Magolo, said the case had collapsed with the destruction of the yacht.

'SEEK PROSECUTION'

“We shall seek prosecution of the key perpetrators and should we miss them out, we shall go for the prosecuting counsel,” Mr Magolo told the court.

Kenya Defence Forces soldiers blew up the vessel on August 14, 2015 in the presence of Interior Cabinet Secretary Joseph Nkaissery, Chief of Defence Forces Samson Mwathethe, Inspector-General of Police Joseph Boinnet and Kenya Navy Commander Levi Mghalu.

It was destroyed hardly a year after President Kenyatta witnessed the blowing up of an Iranian ship mv Al Noor, which police said was found with heroin valued at Sh1.3 billion.

The destruction of the two vessels prompted lawyers to criticise the President.

Then Law Society of Kenya chairman Eric Mutua said the ship and yacht were exhibits and destroying them was in contempt of court.

“This is pure impunity. The destruction of the ship did not follow the law. How do you destroy an exhibit, which is the property of the court?” Mr Mutua told a group of lawyers in Kisii County.

Then Mombasa Chief Magistrate Maxwel Gicheru, who was handling the mv Al Noor case, said the vessel’s destruction was a blow to the rule of law.

Mr Gicheru, who heard the case of the 12 people accused of drug trafficking, had declined an application by the State to destroy the ship.

“I was not present during the destruction of the vessel. I do not know if legal procedures were used in destroying the drugs,” the magistrate said later.