British terror suspect Jermaine Grant wants the Court of Appeal to quash his conviction and a nine-year prison sentence imposed on him by the High Court on December 2, 2015.
Grant argued that Justice Martin Muya failed to critically re-evaluate the record of evidence tendered before a magistrate’s court, thereby arriving at an erroneous decision in overturning his acquittal.
“The judge erred in law by ordering that the sentence runs consecutively rather than concurrently,” Grant in his memorandum of appeal said.
The appellant had initially been acquitted of nine charges by Shanzu Principal Magistrate Diana Mochache but the Director of Public Prosecutions appealed the decision at the High Court.
Justice Muya sentenced the terror suspect to one year in prison on each of the nine charges he faced following the appeal by the DPP.
Through lawyer Chacha Mwita, the terror suspect told Appellate Judges Alnashir Visram, Martha Koome and Wanjiru Karanja that Justice Muya erred in misapplying the law on joint offenders in prosecution of common purpose.
Grant had been charged at the magistrate’s court with making a false statement to registrar of births, three counts of execution of a document by false pretence and an attempt to procure registration by false pretence earlier in 2015.