City Lawyer Danstan Omari has put the state on the spot in the NIS Sacco fraud case claiming that they were charged purely for politics.
While opposing adjournment of the case by the prosecution, Omari told court that the accused were charged all because of politics.
“Your honour This are matters that the state brings to court purely for politics and later they with withdraw,” Omari.
The case was coming up for pre-trial before Kahawa law courts but the state said they were not ready.
Omari said that was an abuse of the powers of the DPP and goes against public interest.
“The accused want to know their fate some have been interdicted, sacked and others stigmatized and they want this matter concluded expeditiously,” he added.
He said they will then blame the court that the matter has taken long yet it’s the state that has not provided documents to the defense.
“Your honour protect the judiciary as the judiciary is ready, the defense is ready but it’s the state that is not ready by going slow,” Omari said.
Omari said that was contrary to the law and article 50 and 49 provide for an expeditious trial once somebody has been arraigned before court.
The miscellaneous application that was filed were saying that they have water tight evidence that will result into conviction.
Today the state is telling you the evidence is voluminous and they have not demonstrated how many lorry loads of evidence that they have which they are seeking for time to print.
“This accused people pleaded with you at that time but the state was adamant we are equally adamant that the state produces the witness statements that they have,” he said.
He said the law provides for partial disclosure and no attempt had been done to show what documents they have.
“If the state does not have evidence against the accused they can withdraw under section 87A,” Omari said.
Further saying that the day they will have evidence then they can bring them to court.
The case will be mentioned on December 11.
