Meru Senator Mithika Linturi has requested the court to compel the Office of Director of Public Prosecutions to furnish him with photos and videos allegedly taken by a woman he is accused of sexually assaulting.
During the hearing before Milimani Chief Magistrate Susan Shitubi on Tuesday, Linturi also asked to be supplied with the O.B NO 38 abstract of Nanyuki police station dated January 30 2021, where he’d logged an extortion complaint against the complainant.
Through his lawyer Muthomi Thiankolu, the lawmaker argued that the prosecution was yet to disclose all evidentiary material to enable him to prepare his defence.
Linturi also requested to be supplied with witness statements of the complainant at the crime scene dated January 31, 2021.
“Also missing are photographs by the complainant and the eyewitnesses at the hotel taken using their mobile phones and surrendered to DCIO Nanyuki police station,” the lawyer said.
Thiankolu said the photos and videos taken by witnesses will help the court arrive at a just decision.
The lawyer also claimed the Prosecution had frustrated investigations into Linturi’s extortion complaint against the complainant.
“…they have concealed and suppressed the existence of the documents yet the documents are relevant inexorably linked the allegations set out in the charge sheet” read the application in part.
In response, the prosecution asked for more time to present the said evidence to the senator before the matter kicks off for trial.
Magistrate Shitubi granted the Prosecution’s request and directed the case be mentioned on March 15 to confirm exchange of documents and further directions.
