Category: Justice

  • Kenya:Man on police most wanted list for suspected murder arrested

    Kenya:Man on police most wanted list for suspected murder arrested

    {One of Kenya’s most wanted fugitives slipped through police fingers for two years before he was finally arrested in Makueni this week.}

    And even then, the authorities did not know they had a dangerous man in their custody until inmates alerted them.

    Mr John Kilonzo Musyoka, also known as Karunyu, had been on the run since July 4, 2013, when he was suspected of leading a six-man gang that killed 12 people in the remote Nyanyaa village of Waita in Mwingi, Kitui County.

    On the day he was arrested at Emali in Makueni County last week, he identified himself as Jackson Mutua Kimanthi, and the police at first could not link him to the murders in Mwingi. He did not have any identification documents at the time of arrest, police said.

    Witnesses said the suspect was picked by plain clothes police officers from his hideout in a culvert in Emali.

    “He disguised himself as a casual labourer who spent the day tilling farms for pay,” said a man who sought anonymity and asked to be identified only as Paul.

    “He was an interesting character because even though people used to spend days with him in farms, no one knew where he lived or what he did after earning his day’s keep.”

    POLICE FORCE INEFFICIENCES, LACK OF INFORMATION

    However, even though Mr Musyoka had been arrested in his jurisdiction, Nzaui police boss Alex Ndung’u told the Nation he was not aware of any such incident, probably indicating the secrecy with which detectives had conducted their surveillance and eventual arrest.

    The failure by the arresting and prosecuting officers to positively identify one of the country’s most wanted and dangerous fugitives illustrates the inefficiencies of the police force, as having a resourceful and well-organised criminal database is a crucial policing requirement.

    Mwingi Central police boss Gerald Barasa told the Nation on Monday evening that they had been tracking him since 2013, “and our leads traced him to Emali town in Makueni County sometime in November last year.”

    It was at the same town on the Nairobi-Mombasa Highway that Mr Musyoka is alleged to have committed the crime that would land him in police custody, and blow up a case that had begun to wither into dark history.

    On Tuesday, Machakos prison deputy-in-charge Isaack Bwire told the Nation that Mr Musyoka was charged at Makindu Law Courts with murder following a robbery with violence incidence. He pleaded not guilty and was taken to Machakos GK Prison on Saturday.

    But even in custody, Mr Bwire believes Mr Musyoka is a very dangerous man, which is why he cancelled an identification parade scheduled for earlier in the week over the safety of people ferried from the suspect’s Nyanyaa village to identify him.

    “An identification parade for such a (dangerous) person is very tricky because if you bring in a neighbour from his village, that neighbour runs the risk of becoming a target of the suspect’s criminal network,” said the prison boss.

    Still, said Mr Bwire, an unofficial identification could be carried out at Makindu court on March 1, when the suspect is expected to be arraigned for the start of his Emali murder case.

    A police source on Tuesday told the Nation that Mr Musyoka managed to elude the proverbial long arm of the law by using a fake name.

    So successful was he at concealing his true identity that few, if any, of the people in his Emali hideout knew him by his real name.

    Still, police suspect that Mr Musyoka had criminal aides who shielded him from the law.

    He only operated at night and used a mobile phone and several SIM cards that were never active for more than a day.

    Occasionally, he who would communicate with family members back in Nyanyaa through friends and strange mobile phone lines, but most of the times he remained off the radar.

    Source:Daily Nation:

  • Pistorius seeks to appeal against murder conviction

    Pistorius seeks to appeal against murder conviction

    {The South African athlete Oscar Pistorius is to seek an appeal against his conviction for murdering his girlfriend, Reeva Steenkamp.}

    Pistorius killed Ms Steenkamp in February 2013 after firing four times through a locked toilet door.

    A manslaughter verdict was overturned last month and a murder verdict introduced in its place.

    The athlete’s defence has lodged papers at the Constitutional Court, urging a review of his murder conviction.

    He is currently under house arrest after spending one year of his original five-year sentence in jail.

    South Africa’s Supreme Court of Appeal ruled in December that the lower court had not applied correctly the rule of dolus eventualis – whether Pistorius knew that a death would be a likely result of his actions.

    Last month, Justice Eric Leach said that having armed himself with a high-calibre weapon, Pistorius must have foreseen that whoever was behind the door might die, especially given his firearms training.

    Pistorius has always maintained he believed he was shooting at an intruder.
    His lawyers say the appeals court made fundamental errors, claiming in appeal papers that the court “acted unlawfully and unconstitutionally when it rejected the factual finding of the Trial Court and replaced it with a contrary factual finding of its own”.

    Pistorius’s lawyer, Andrew Fawcett, says the appeal is now in the hands of the director of public prosecutions, who must decide whether there are grounds for appeal. If so, the case will go before the Constitutional Court.

    The South African made history by becoming the first amputee sprinter to compete at the Olympics, in London in 2012. He competed in the 400m, wearing carbon-fibre blades to run against able-bodied athletes.

    Source:BBC:[Pistorius seeks to appeal against murder conviction->http://www.bbc.com/news/world-africa-35285390]

  • Mexico opens extradition proceedings against El Chapo

    Mexico opens extradition proceedings against El Chapo

    {Interpol agents inform drug kingpin Joaquin Guzman that he is wanted in the US, just days after he was recaptured.}

    Mexico’s government has notified recaptured drug kingpin Joaquin “El Chapo” Guzman that he is wanted in the United States, formally beginning extradition proceedings against him.

    The Attorney General’s Office said on Sunday in a statement that Guzman was told two arrest warrants from the US are being processed.

    The notification was completed by agents of the international police agency Interpol at the maximum security prison where Guzman is being held.

    The extradition bid marks a reversal from President Enrique Pena Nieto’s refusal to send Guzman across the border prior to his July escape from a maximum-security prison.

    Mexico received the US extradition requests last year on a large number of charges, including drug trafficking and homicide. Guzman is wanted in six US states.

    After judges rule on the extradition, the Mexican foreign ministry has to issue a decision. The timing of the extradition is unclear as Guzman can appeal it.

    Guzman’s lawyer Juan Pablo Badillo said the defence already has filed six motions to challenge extradition requests and that he will continue the challenge all the way to the Supreme Court.

    Guzman was recaptured on Friday, six months after breaking out of a Mexican prison.

    A Mexican law-enforcement official said on Saturday that a secret interview given by Guzman, to the American actor Sean Penn, helped authorities locate his whereabouts .

    The interview between Guzman and Penn, purportedly held in late 2015 in a hideout in Mexico, appeared on Saturday on the website of Rolling Stone magazine.

    An anonymous Mexican official said it was the Penn interview that led authorities to Guzman in a rural part of Durango state in October.

    Authorities aborted an earlier raid because Guzman was with two women and a child. But they were able to track him to Los Mochis, Sinaloa, where he was captured on Friday.

    He was arrested after a shootout, six months after he escaped Mexico’s from most-secure prison.

    Five people were killed during the operation that caught Guzman.

    Guzman was first captured in 1993 in Guatemala, but he escaped from a prison in western Mexico in 2001 by hiding in a laundry cart.

    In July 2015, he fled a maximum-security prison near Mexico City just 17 months after authorities captured him following a 13-year manhunt.

    He escaped through a 1.5km tunnel with a redesigned motorcycle on special tracks, emerging in a house outside the prison.

    Source:Al Jazeera:

  • Two rulings likely to determine fate of Ruto ICC case

    Two rulings likely to determine fate of Ruto ICC case

    {Two rulings will decide the fate of the case which Deputy President William Ruto is facing at the International Criminal Court. }

    The first will be on the no-case-to answer Motion which starts Monday and the second will be on the appeal against the use of recanted evidence.

    The rulings could make the difference between freedom for Mr Ruto and his co-accused, former radio journalist Joshua arap Sang, or the continuation of the case until 2017.

    The later is likely to complicate Mr Ruto’s role in the 2017 election and make his case a campaign issue.

    After the oral hearings which start Monday, the Trial Chamber judges Chile Eboe-Osuji (presiding judge), Olga Herrera Carbuccia and Robert Fremr will be retiring to decide whether or not he has a case to answer.

    A favourable decision will see Mr Ruto and Mr Sang walk away as free men despite Prosecutor Fatou Bensouda having called 29 witnesses.

    (READ MORE: Bensouda plans extra charges for Sang)

    BENSOUDA FAILED TO SHOW EVIDENCE OF NETWORK

    According to a University of Nairobi law lecturer, Dr Duncan Ojwang, Ms Bensouda has not established a case against Mr Ruto and Mr Sang.

    According to him, she had failed to show that there was a network in Rift Valley led by Mr Ruto that caused forced evictions and displacement of populations.

    “The prosecutor has also failed to show organisational policy that worked on a plan to forcefully evict other communities from Rift Valley. They could not show that the violence was pursued as a policy and was not spontaneous and reactionary following the announcement of election results,” he said.

    A decision that favours Ms Bensouda will mean that Mr Ruto and Mr Sang will be put to their defence.

    If this happens, they will be required to call in their witnesses to respond to the prosecution’s theory that the violence was planned.

    Going by past experience, a decision that does not favour Mr Ruto and Mr Sang will certainly see the case roll over to 2017, which is an election year.

    CAMPAIGN ISSUE

    This will make the case against the Deputy President a campaign issue as happened in 2013.

    Besides the decision on the no-case-to-answer Motion, Mr Ruto and Mr Sang will also be waiting for the ICC Appeal Chamber to pronounce its judgment on whether Ms Bensouda can rely on prior recorded testimony under the Rule 68 of the ICC Rules of Procedure and Evidence.

    In their appeals, two had argued that the Trial Chamber erred when it admitted into evidence prior recorded testimony of five crucial witnesses who either withdrew or recanted their testimonies to the prosecution.

    “The defence submits that a series of fundamental errors were made in the decision which, either individually or cumulatively, materially affect the decision,” Mr Ruto’s defence argued.

    However, Ms Bensouda has argued that the hostile witnesses were either intimidated or bribed by people close to Mr Ruto to ensure that the case collapses. She argues that the recanted evidence formed the centre of her case.

    If the Appeal Chamber rules to allow Ms Bensouda to use the recanted evidence, the case will likely assume fresh dimensions with heavy odds against Mr Ruto. Should the judges agree with the defence lawyers, the case against Mr Ruto will be on shaky ground.

    Meanwhile, Mr Sang on December 17 sought to have the statement of the 14th Assembly of States Parties (ASP) on amended rule 68 placed into the appeals record.

    “Mr Joshua Sang respectfully submits that the ASP resolution is relevant to the matters presently under consideration by this chamber relating to the ambit and interpretation of amended Rule 68. Accordingly, Mr Joshua Sang respectfully places the ASP resolution into the record of the present appeal for consideration by the Appeals Chamber when assessing Mr Joshua Sang’s appeal,” his lawyer, Mr Katwa Kigen, told the court last month. Ms Bensouda opposed the request.

    Kenya had fought to have the ASP include in its report that the amended rule 68 would not be used retroactively. The ASP approved Kenya’s requested language on the non-retroactive amended Rule 68 on using pre-recorded witnesses testimony.

    (READ MORE: Kuria agrees to be DP’s witness in Hague case)

    KURIA RENEWS CLAIM ON FIXING OF THE DP

    As Deputy President William Ruto travels to the Netherlands tonight seeking to end the ICC case against him, controversial Gatundu South MP Moses Kuria on Sunday renewed his calls for those he has claimed fixed Mr Ruto to confess.

    Mr Kuria who, made a surprise appearance at AIC Fellowship Church in the Deputy President’s Eldoret backyard, maintained that the crimes against humanity charges at the International Criminal Court were politically motivated. He expressed confidence that Mr Ruto would be cleared.

    “It is good to pray but sometimes there is no need to overwork God for what we have control over. The ICC issue is pure politics and some people who are the ages of my mother and father are engaging in a conspiracy of silence,” said Mr Kuria.

    The outspoken MP has previously named Cord leader Raila Odinga and Narc-Kenya leader Martha Karua as some of the people who procured false witnesses to fix the Deputy President, a claim the two have dismissed.

    Source:Daily Nation:[Two rulings likely to determine fate of Ruto ICC case->http://www.nation.co.ke/news/Dangers-facing-Ruto-in-two-ICC-rulings/-/1056/3028602/-/h5741qz/-/index.html]

  • Murdered Sian Blake’s Partner Arrested In Ghana

    Murdered Sian Blake’s Partner Arrested In Ghana

    {Ghanaian authorities detain Sian Blake’s partner following the death of the former EastEnders actress and her two children.}

    Police in Ghana have arrested a man in connection with the deaths of the former EastEnders actress Sian Blake and her two children.

    Arthur Simpson-Kent, 48, was detained after he fled the UK following the deaths of Ms Blake, who was his partner, and the couple’s two children Zachary and Amon.

    Scotland Yard said detectives have been “made aware of an arrest in Ghana” and “are currently working alongside the Ghanaian authorities but are not in a position to discuss further at this time”.

    Around 10 armed officers descended onto a beach in a town in the west of Ghana where Simpson-Kent was spotted hiding between some rocks, according to reports.

    Officers from the international crime-fighting agency Interpol were involved in the arrest alongside Ghanaian police.

    Simpson-Kent has been taken to a police station and is expected to be flown back to the UK for questioning shortly.

    Pictures showed him handcuffed and sat on a stool with police at his side shortly after he was detained, and others of him being driven away in a vehicle.

    UK detectives launched a murder inquiry after the bodies of Ms Blake and the couple’s two children were discovered in the garden of the family home in Erith, Kent.

    Detectives said “significant attempts” had been made to conceal the family’s remains.

    Police added that all three had died as a result of head and neck injuries.

    Ms Blake, 43, had motor neurone disease – a fatal, rapidly progressing illness which affects the brain and spinal cord – and was reportedly looking “very frail” before she vanished.

    Previously an unknown actress, her big break in EastEnders came when she was introduced as soul singer Frankie in June 1996 by series producer Jane Harris.

    She was in the BBC soap for 56 episodes, reportedly quitting because of hostility from viewers towards her manipulative character.

    She also appeared in episodes of The Bill, Casualty, Doctors and Skins.

    The Metropolitan Police has faced questions over why it took so long for its murder squad to become involved in the case and has referred itself to the police watchdog, the IPCC.

    Source:Sky:[Murdered Sian Blake’s Partner Arrested In Ghana->http://news.sky.com/story/1619763/murdered-sian-blakes-partner-arrested-in-ghana]

  • Tanzania:Man gets 30 years jail term for possessing tusks

    Tanzania:Man gets 30 years jail term for possessing tusks

    {MPANDA District Magistrate’s Court in Katavi Region has sentenced Amani Rashid (30), 30 years imprisonment after he was found guilty of possessing illegally and selling eight elephant tusks valued at over 120m/-.}

    The court also ordered the convict to pay the government over 1.2bn/- being compensation for killing the elephants. The trial magistrate, Mr Chiganga Tengwa, said he was satisfied with the prosecution led by State Attorney Wankyo Simon for proving the case beyond reasonable doubts.

    Mr Simon told the court that the crime was committed on January 1, this year, at Nsekwa Village in Mlele District. “The accused have indeed committed the crime and this court is giving a stern punishment to deter others from such malpractices.

    Source:Daily News:[Man gets 30 years jail term for possessing tusks->http://www.dailynews.co.tz/index.php/home-news/45868-man-gets-30-years-jail-term-for-possessing-tusks]

  • Tanzania:Elephant tusk traffickers in court

    Tanzania:Elephant tusk traffickers in court

    {BUSINESSMAN,Frank William Silangei, appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday charged with leading organized crimes and unlawful possession of elephant tusks, which are government trophies, valued at over 3.4bn/.}

    Before Senior Resident Magistrate, Emilius Mchauru, the accused person was not allowed to enter plea to the charges because he is charged under the Economic and Organised Crime Control Act and the Director of Public Prosecutions (DPP) has not issued his consent to allow the lower court to hear the case.

    The accused was ordered to go to remand until January 20, when the case will be mentioned. On the same day, he will be joined in the case, which involves four others.

    These are Thabit Abdallah, Athumani Ramadhani, Godfrey Martine Mushi and Godfrey Derick Sekito. State Attorney, Chyanya Mlaki, for the prosecution informed the court that investigations into the matter have not been completed.

    The prosecutor alleged that the accused persons committed the offence of leading organized crime on diverse dates between April 1, 2011 and October 28, last year, at various places in Manyara, Arusha and Dar es Salaam regions.

    Jointly, according to the prosecution, the accused persons willfully organised and managed a criminal racket of unlawful dealing in government trophies involving 120 elephant tusks valued at 3,409,815,000/- without a permit from the Director of Wildlife.

    It is alleged further that on June 28, last year, at Kigogo within the City of Dar es Salaam, Thabit Abdallah, Athuman Ramadhani and Frank Silangei were found in unlawful possession of 25 elephant tusks valued at 231,735,000/-, property of the United Republic of Tanzania without permit.

    There have been claims that well-armed criminals kill elephants and rhinos for their tusks, largely due to increasing demand in China for ivory ornaments and folk medicines.

    It is reported further that most of the tusks smuggled from Tanzania end up in Asia. International trade in ivory was banned in 1989 after the population of elephants dropped from millions in the mid-20th century to about 600,000 by the end of the 1980s.

    Some Members of Parliament have been alleging that poaching was out of control. They claim that an average of 30 elephants were being killed for their ivory every day.

    In August 2011, Tanzanian authorities seized more than 1,000 elephant tusks hidden in sacks of dried fish at Zanzibar port and destined for Malaysia.

  • Kenya jails radical Muslim teacher Salim Mohamed Wabwire

    Kenya jails radical Muslim teacher Salim Mohamed Wabwire

    {A Muslim school teacher and preacher has been sentenced to 20 years in prison by a court in Kenya for radicalising children.}

    Children testified that Salim Mohamed Wabwire taught them that Christians should be killed.

    Contrary to earlier reports, the court in Mombasa city acquitted him of being a member of militant Islamist group al-Shabab, and recruiting for it.

    The group, which is linked to al-Qaeda, has increasingly targeted Kenya.
    It killed 148 people in an assault on Garissa University College in north-eastern Kenya in April.

    Wabwire was a primary school teacher, and an Imam at the Jihad Mosque in a rural area north of Mombasa.

    A convert from Christianity, he was previously known as Samuel Wanjala Wabwire.
    While some of the children testified against him, one tried to cover up for him, the court said.

    Source:BBC:[Kenya jails radical Muslim teacher Salim Mohamed Wabwire->http://www.bbc.com/news/world-africa-35252033]

  • Guantanamo detainees transferred to Ghana

    Guantanamo detainees transferred to Ghana

    {Two Yemeni detainees held at the controversial US military prison in Guantanamo Bay, Cuba, have been transferred to Ghana.}

    The Pentagon said Khalid al-Dhuby had been approved for release since 2006 and Mahmoud Omar Bin Atef since 2009.

    Both have been held for more than a decade and have never been charged.
    Ghana has given permission for the men to stay for two years subject to security clearances, Foreign Minister Hanna Tetteh said.

    The West African nation has not previously taken any Guantanamo prisoners.
    The jail was set up following the 11 September 2001 attacks in the US to detain what Washington called “enemy combatants”.

    US President Barack Obama has said he wants to close the jail down before he leaves office in 2017.
    {{
    ‘Bright young man’}}

    According to military records, Mahmoud Omar Bin Atef is a Yemeni citizen born in Saudi Arabia in 1979 and was handed over to the US following his capture by Northern Alliance Forces in Afghanistan in 2001.

    His US lawyer, George Clark, described him as a “smart, bright young man” and said his client intended to start a family and find employment.

    US official documents say Khalid al-Dhuby was born in Saudi Arabia in 1981 and travelled to Afghanistan to fight. They say he was assessed as “a probable member” of al-Qaeda.

    Dozens of countries have received former Guantanamo Bay detainees, including other African states such as Uganda and Cape Verde.

    A total of 780 men have been held at Guantanamo since 2002, the vast majority without charge or criminal trial.

    The US navy base now has 105 detainees, nearly 50 of whom have been cleared for release.

    Source:BBC:[Guantanamo detainees transferred to Ghana->http://www.bbc.com/news/world-us-canada-35249107]

  • Rusagara defense lawyers question Kabuye’s statements

    Rusagara defense lawyers question Kabuye’s statements

    {Brig.Gen (Rtd) Frank Rusagara yesterday started defending himself against the accusations leveled against him with Col Tom Byabagamba and Rtd Sgt Francois Kabayiza, that include spreading rumors and inciting citizens to disrespect government authorities.
    }

    Rusagara has expressed his concerns over witnesses Rtd Captain David Kabuye , Col Jill Rutaremara and Gen. Maj. Richard Rutatina.

    Rusagara has been accused of having demeaned the president of the republic when he said “our guy is finished.”

    The prosecutor added that Rusagara praised forces against the government identified as RNC where he said that they are growing in strength. “Imagine a general extolling an enemy before military officers?” considered the prosecutor.

    The prosecutor also said that Rusagara used to gather soldiers inciting hatred against leadership to the extent that he said it in a meeting of preparing a wedding held in a bar, as well as spreading the same message among senior officers in what is identified as spreading “the gospel of enemy”.

    He wondered how would be the situation if five generals with a colonel emulated the same message to their troops.

    {{Rusagara rejected allegations}}

    Rusagara recalled the process of his arrest after getting called in office and receiving warnings from Gen. Jack Nziza who told him that he is behaving wrongly.

    Captain Kabuye’s witness is captured in three statements; the first, of 19th August 2014, was in his handwriting.

    Among other reports he wrote in jail, Kabuye confirmed that Rusagara has undermined Rwandan politics at Tennis Club of Nyarutarama saying that the head of state is a dictator, that Ndi Umunyarwanda program was wrongly assessed, adding that Rwanda has implemented the fund of Agaciro to cut salaries after the suspension of aid.

    Kabuye said that he didn’t report to leaders the speech of these undermining messages on time and apologized for that.

    Rusagara has denied to have criticized Agaciro Fund to which he had earlier contributed Rwf 3 million. He also claims not to have tarnished Ndi Umunyarwanda program saying that he worked under the program and awarded for his performance.

    Rusagara’s lawyer, Me Buhuru, told court that Capt David Kabuye’s first statement should be the admissible before the court since he wrote it without any duress and threat of his freedoms, yet the others were made when he was in prison.

    Rusagara requested that Kabuye be produced before the court to explain the situation.
    The prosecution said that Kabuye wrote the first statement in his own handwriting, adding that the following statements should be examined by legal experts.