Bid to prefer fresh Triton charges fails

Tuesday, August 24th, 2021 00:00 |
DPP Noordin Haji
DPP Noordin Haji. Photo/PD/File
DPP Noordin Haji

An attempt by Director of Public of Prosecutions Noordin Haji to have six suspects in the long drawn Sh7.6 billion Triton scandal charged afresh yesterday flopped.

This, after Milimani Anti-Corruption Lawrence Mugambi rejected the DPP’s bid to introduce a new charge sheet removing two accused persons; Julius Kyalo Kilonzo and Collin Otieno following correction of faulty parts identified in the case after Haji reviewed the file recently.

Mugambi said the application by the DPP was meant to cause the further delay of the case that has been pending before court for more than 10 years and directed prosecution to file a formal application in court. 

“The application by the prosecution will not be allowed to interfere with the trial as scheduled earlier.

The case shall continue as scheduled if need be and prosecution finds time to introduce a formal application to be served on defence without affecting the hearing dates already fixed and the court shall determine the application outside the trial period if possible,” the magistrate ruled.

Mugambi said the accused persons needed to be informed of the new charges and the fresh evidence sought to be introduced against them.

He concurred with the defence team the DPP’s new move when the last witness is giving evidence is an ambush.

In the application, the DPP wanted to have the new charge sheet admitted in court and the accused person plead a fresh to the amended charges saying that the move was arrived at after Haji reviewed the file.

The state also argued the court to allow them to call one more witness, the document examiner who they claim is a crucial witness before they close their case. In the case more than 30 witnesses have since testified in the case.

Prosecution further wants to be allowed to introduce fresh evidence in the Triton case against tycoon Yagnesh Devani and five others which they say they served on the defence lawyers Friday last week.

The defence team had  opposed the DPP application in relation to the amended charges and introduction of new evidence saying it is an ambush as they defied pretrial directions. 

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