BY SAM ALFAN.
Director of Public Prosecution Noordin Haji has urged the High Court to dismiss an appeal by an American paedophile who is serving 50 years in jail for defiling minors.
The DPP said in submissions that the 59-year- old American Terry Ray Krieger deserves no mercy because he was caught on tape sexually abusing Kenyan children.
The then Milimani Senior Principal Magistrate Joseph Karanja sentenced Krieger to serve 50 years imprisonment after the prosecution availed watertight evidence to nail him.
Through Senior Principal Prosecution counsel Duncan Ondimu, the DPP urged the high court to dismiss the appeal lodged by Krieger and affirm the sentence imposed by the trial court.
“Taking into account all the evidence on record adduced by the prosecution and in the circumstances of the case, the Prosecution did discharge its burden,” submitted Ondimu.
Ondimu further submitted that the prosecution’s evidence tendered before trial court was not in any way discredited by the defence and Krieger readily pleaded guilty.
The state counsel further submitted that in the present circumstance the sentence that was passed by the trial court was most appropriate to ensure ends of justice are met.
Ondimu told the high court it was baffling how the convict expected never to be caught committing the heinous acts.
“The victims of the Convict’s heinous crimes are very young children as evidence has clearly shown. The convict took advantage of their vulnerability; he preyed on the victims like an animal stalking its victim. He never offered protection to the minors and the convict forced his experienced, aging body into that of inexperienced, young, and subordinate and dependent vulnerable children victims,’ the state prosecutor submitted.
Ondimu pleaded with court urging it to reiterate the message that was delivered to the convict by the trial court that exposing young vulnerable children to sexual acts shall not be tolerated.
“By doing so, the Court is not in any way making the Convict a scapegoat for others but rather sending a clear message that pornography exhibited by using vulnerable children is a crime that is legally punishable by harsh and severe sentence, the same was passed by the Trial Court,” Ondimu submitted.
Ondimu told Justice Justus Bwononga that the seriousness of the offence for which the convict was convicted is compounded by the age of the victims and the convict occupied position of power and control over the vulnerable children.
“The convict behaved as if he had just concurred one of the most important conquest of his life and we can only be left to imagine what the convict was thinking when he took advantage of vulnerable children? He does not deserve any mercy”, Ondimu paused a question.
According to the findings of a report by the Voice of America dated August 16,2012 where a minor referred by the name ‘John’ was quoted as having said that he started sex work when he was nine years. He did his first pornographic film when he was 11 and his second at 13 years.
He further said that a European man – a self professed “filmmaker” – had the boys and girls sign a consent form to be recorded having group sex.