Briton acquitted of killing lover seeks damages
What you need to know:
Mr Singleton says that his arrest and detention by the police on November 24, 2014 and the murder charges preferred against him, amounted to malicious prosecution.
The Attorney General has, however, denied liability to pay damages stating that investigations were carried out to ascertain the truthfulness of the complaint made.
A Briton who was accused of killing his girlfriend by flushing her medicine down the toilet five years ago is seeking damages from the State following his acquittal last year.
Justice Hedwig Ong'udi said Mr Carl Gary Singleton, 44, was not guilty of the murder of Ashley Peris Akinyi Agumbi, who was diabetic.
The court also faulted the prosecution for merely suspecting the accused to have committed the murder, instead of presenting tangible evidence to prove the same.
MALICIOUS
In the court application, Mr Singleton says that his arrest and detention by the police on November 24, 2014 and the murder charges preferred against him, amounted to malicious prosecution.
The particulars of loss and damages which he has cited in court papers are loss of liberty from November 24, 2014 to June 6, 2017 and payment of legal fees among others.
“At the time and date of his arrest, Mr Gary, was on holiday in Kenya and was a person of good character and had not previously been arrested by the police in the country of his birth or any other country that he had visited,” Mr Gary’s lawyer said in court papers.
REMAND
He says he was cohabiting with the lady who had voluntarily left his apartments on the night of November 19, 2014 at around 8pm and did not have any further contact with her.
He adds that Ms Akinyi died on November 22, 2014 at a local hospital, three nights after she left his apartment.
After he was formerly charged, Mr Gary was unable to find two Kenyan sureties of Sh3 million each to secure a bond and remained in custody at industrial area remand prison until he was acquitted of the charge on June 8, 2017.
PROBABLE
The Attorney General has, however, denied liability to pay damages stating that investigations were carried out to ascertain the truthfulness of the complaint made.
“Mr Singleton’s prosecution was based on reasonable and probable cause. We deny that the arrest and prosecution was driven by malice. It was driven by the desire to vindicate justice,” state counsel Mary Murugi in court papers.
Mr Gary and Ms Akinyi allegedly fell in love after they met on Facebook. She was a fourth year student at the University of Nairobi.