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Enhanced Typesetting: Enabled. Page Flip: Enabled. Language: Italian. Would you like to report this content as inappropriate? Do you believe that this item violates a copyright? He did not have any transport on standby, even though he ostensibly believed he was about to come across two to three tons of ivory.
He claimed that he negotiated with a night watchman for two hours before gaining entry into the compound.
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Has anyone ever heard of a police officer negotiating an entry to execute a legal search? At am, Mbua enlisted the help of the general public to carry the ivory from where it was located in a storage building onto the waiting Administration Police lorry that had been called in.
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No exhibit log was completed or photos taken of the ivory on site. Juma testified that the conversation had to do with key access to where the contraband ivory was stored. Considering that the police had, at that point, been on site for over five hours, this was clearly a lie. But, finding themselves in circumstances that can only be described as perverse, the defense could not challenge his truthfulness without implicating their client, and the prosecution could not challenge for fear of implicating the state in criminal wrongdoing.
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Police analysts presented to the court a chart that graphically displayed 15 numbers of significance and the number of phone contacts that had been made between Feisal and the subject numbers. Clearly, this Mombasa businessman should have been at the very least a person of interest to the police, but this was never a subject of testimony or inquiry during the trial. One of these calls was the first outgoing call made by Feisal after his conversation with Tom Juma, a conversation that was almost certainly a negotiation for the police release of the ivory.
The identify of H was never brought up during the trial by either prosecution or defense. Six months later, in December, it was discovered that nine vehicles were missing from the supposedly police-secured compound. This evidence tampering was addressed by Magistrate Mochache in court on December 28, when she ordered that ODPP conduct an inquiry, separate and apart from the trial, into the circumstances surrounding the interference with the crime scene.
This inquiry was never conducted. Mbua was in fact partially culpable for the disappearance and admitted to the court that he had released the officers from the assignment three to four weeks after the initial deployment over either a manpower concerns or b concerns from the property owner, who was uncomfortable with the police presence on the property, depending on what version of his testimony one chooses to believe. It turned out that there was a second court order in place, from another court, relating to Fuji Motors Ltd and unpaid rent.
Mbua also used this as an excuse to withdraw his officers without any documentation and without advising anyone else except for Corporal Jackson Guyo, the case investigating officer who was considerably his junior. The evidence against Feisal was anything but ironclad. When ascertaining truth, what is not said is often just as important as what is stated. In this case, and as noted by Magistrate Mochache, not one prosecution witness, including the investigating officer, testified as to who actually possessed the ivory.
Both Feisal and Sadiq Omar testified in their defense, and there were significant contradictions between both. The conduct of the police that night and throughout the prosecution was not only totally devoid of any integrity but, in fact, orchestrated solely to protect themselves from being criminally implicated. Indeed, there is certainly evidence to suggest that the police and perhaps even the prosecution did not expect the trial to come to a natural conclusion.
The first prosecution witness testified on January 20, The police request made to Police Officer David Kiboi for his phone data analysis was made in August He did not actually receive the data to analyze for another three months. Three months prior to the Feisal conviction, in an event that had again put them in the global spotlight, Kenya burned metric tons of seized ivory.kick-cocoa.info/components/map11.php
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Clearly some national embarrassment would have been suffered with a Feisal acquittal. While the factual guilt of Feisal Mohamed Ali is essentially not an issue, his legal guilt is. Should an accused be convicted on the evidence of corrupted agents of the state? Counsel for all accused knew it and so surely did the ODPP. Four months after the Feisal seizure, Chief Inspector Mbua was transferred from Mombasa to a place one would have difficulty finding on most maps. The transfer of one rogue officer can surely not equate to justice. She recognized the clear failings in the initial trial and made the only decision that could be made.
Smashed to smithereens, and rightly so. The DCI has the lead in five ongoing prosecutions before Kenyan courts relating to ivory seizures of significance, one dating back to Kenya is still looking for its first conviction of a major player involved in illegal wildlife trafficking.
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