Court rejects plea to cancel bond of 4 suspects in Briton’s death

Pandya Hospital Mortuary attendant Celestino Ngare testifies during the Inquest into the cause of the death of Alexander Monson a British Tourist, at the Mombasa Court in Mombasa County on Monday 1st February 2016. Alexander was found dead at Diani Police Station in Kwale County in the year 2012. [Photo/Kelvin Karani]

The High Court has rejected an application by the prosecution seeking to withdraw the bond of four former police officers charged with the death of Alexander Monsoon, a Briton.

Justice Erick Ogola yesterday dismissed a claim by the Office of the Director of Public Prosecutions that the ex-officers were likely to interfere with the case after observing that all the prosecution witnesses had testified.

Senior Assistant Director of Public Prosecutions Alexander Muteti had cited the unrelated recent murder of Jennifer Wambui, a star witness in a Sh122 million corruption case, saying the witnesses in the Briton’s murder case would not be safe if the former officers were let free.

“The four are senior officers with skill to handle guns and track people. We apply that their bonds be cancelled,” said Mr Muteti.

Naftali Chege, Charles Munyiri, Ismael Baraka and John Pamba are facing murder charges over the death of Monsoon on May 19, 2012, at the Diani police station in Kwale County.

Defence lawyers Jared Magolo and Daniel Wamotsa objected to the request to have their clients’ bond revoked, arguing that this would be denying them their constitutional rights.

“Any accused person is deemed not guilty until proved otherwise. Cancelling their bond is tantamount to infringing on their rights to bail,” said Mr Magolo. The accused are out on a Sh500,000 bond each and a surety of the same amount.

Justice Ogola instead directed the accused to observe the conditions laid out in the bond terms.

“It is not a light matter to cancel the bond of an accused person. In this case, all prosecution witnesses have testified. So if there is a threat to any prosecution witnesses, evidence should be availed by the prosecution through an affidavit. At this stage, Muteti’s application is speculative and premature,” the defence lawyers argued. 

On Tuesday, the court ruled that the prosecution had proved that the four were responsible for the death of the 28-year-old son of Lord Nicholas Manson, a British aristocrat.

The accused allegedly inflicted fatal injuries on Alexander while he was in police custody. But they have denied the charge, instead saying he died of a drug overdose.

A pathologist testified that Alexander died from injuries sustained due to blows to the head from a blunt object, laying to rest earlier claims that the man might have fallen and hit his head.

“I am satisfied that... the prosecution has laid a case against the four accused persons and therefore, according to law, put the accused persons on their defence,” said Justice Ogola.

He added: “These are two conflicting theories that the accused should not just bring out for re-examination.”

The judge said circumstantial evidence pointed to the accused persons who handled the Briton on the night in question, adding that they have a responsibility to tell the court what actually took place.

“The medical evidence reveals that the deceased suffered injuries and the accused persons either were personally responsible for infusion of such injuries or they know who inflicted those injuries.”