Police informant, who confessed to having assisted administration police officers to brutally kill lawyer Willie Kimani and two others, is now opposed to the video which reconstructs the crime scene being produced in court as evidence.
Peter Ngugi, through his lawyer Kevin Michuki, says the video is self-incriminating evidence and therefore should not be allowed
“The scene reconstruction evidence which prosecution intends to use is inadmissible and it is therefore an attempted illegality by the prosecution,” lawyer Michuki told the court.
Michuki argued that the accused person, Peter Ngugi, was not cautioned and his rights to a fair hearing will be violated if the said video is accepted and played in court.
According to the lawyer, the prosecution has not indicated any attempts with complying with the out of court confession rules another than the witnesses submissions that it did caution the accused person.
“We ask the court to be guided with the rules of our of court confessions rules.. as per the witnesses evidence …the purported interviewers was the investigation officer which is a grievous infringement of his rights as set out in the constitution,” he said .
However in response, assistant director of Public Prosecution Nicholas Mutuku asked the court to dismiss the said application saying it was premature, incompetent and based on the wrong provision of the law.
Justice Jessie Lessit heard that the said application was only meant to delay the case as the said video was documented properly under the evidence act.
“We have not made an application to this court to have the accused persons asked to give certain information or documents or otherwise, what is before the court was made on August 2016 and was documented under the evidence act,” he said.
According to Mutuku, Ngugi’s lawyer had not told the court what section was self-incriminating and that Ngugi took investigators to the scene by his will.
“We submit that this application now is premature because the contents have not been played in court safe for the transcripts which have been marked in court. The application can only happen during cross exam..rule 6 of the evidence act ,out of court confession as submitted by Michuki is out of contest and does not fit here,” Mutuku argued.
Mutuku urged the court to allow the evidence to be played arguing that there will be no prejudice to be suffered by the Ngugi, should the evidence be admitted.
Justice Lessit said she will rule on the matter on Monday but directed the prosecution to bring another witness on Friday.
A forensic officer, Joseph Muindi on Tuesday showed the court the DVD containing 47 minutes 48 seconds video footage which he recorded from Peter Ngugi on August 10 2016.
Muindi told high court Judge Jessie Lessit that, he took video evidence showing the spots where lawyer Willie Kimani, his client, a bodaboda operator Josephat Mwendwa and taxi driver Joseph Muiruri, were kidnapped and Killed.
According to the officer, they first recorded at his office when Ngugi was brought to him by homicide investigating officer Clement Mwangi who had asked for his assistance in reconstructing the crime scene.
The next place was at Mlolongo police station and later Mavoko law courts. Then about less that a km they recorded the scene where Ngugi and the police officers abducted the deceased persons.
From there they proceeded to Limuru which was the third scene where Ngugi parked the vehicle used by the lawyer before they were kidnapped and later went to Syokimau Ap camp where the victims were held before they were murdered.
The court heard that from there they proceeded to the actual scene where they brutally murdered the three persons which was along Mombasa road on the left side from Mombasa and later proceeded to the last scene which was Athi River in Ol-Donyo Sabuk area, Machakos County where the bodies were disposed.
Ngugi is charged alongside four AP officers — Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku and Leonard Maina Mwangi with the murder of the three who were allegedly kidnapped after leaving Mavoko Law Courts on June 23, 2016.
On Monday, the court taken through a 21-page written confession by Ngugi, detailing how the four police officers vengefully planned and carried out the brutal murders.