Nov 25, 2010, 11:54 AM
At the resumption of the case yesterday, the prosecuting officer told the court that (PW1), Abass Savage, was in court and the witness said that after the last sitting, he was attacked by both the accused and his counsel, and that he felt his security was at risk.
The prosecutor then applied to the court to hear the case in camera and further prayed for the court to intervene in the problem.
The trial magistrate told the prosecuting officer that the court had intervened in the problem.
In response, defence counsel, L.K. Mboge, told the court the application would be proper if the witness was in court, saying that there was law in the country, and if the witness felt his security was at risk, let him go to the law enforcement officers or go to the court.
Counsel Mboge pointed out that the issue had been resolved, adding that he saw the conduct of the witness as contemptuous, because the court had refused the application of hearing the case in camera.
He applied to the court to expunge the evidence of PW1, describing the statement of the witness as a real joke.
He added that he had never seen in a case in his career where both the accused and his counsel attacking the witness, adding that the reason advanced by the prosecutor and his witness was not reasonable.
The case was adjourned till 12 August 2013, for ruling.