BY IRENE ONYANGO.
Director of Public Prosecution Noordin Haji has opposed the release of rally ace Maxine Wahome, who is facing charges of murdering her boyfriend, on bail.
DPP Haji through Senior Prosecutor Allen Mulama told the court that Wahome might interfere with potential witnesses who might be uncomfortable seeing her walking free.
The prosecution further dismissed claims that the deceased boyfriend Asad Khan was abusive as claimed by Maxine, while seeking to be freed on bond.
The prosecutor told the court that it was Khan who trained Maxine to become the celebrated rally driver and that she never complained of being in an abusive relationship.
The prosecutor also questioned Maxine’s conduct and character on why he kept away from Khan while he was battling for his life in hospital.
The court heard that the accused never visited his late boyfriend in hospital nor did she even attend his burial.
According to the Prosecution, the first two people to show up at the scene were Wahome’s parents and not the police.
“The conduct of the accused (person) immediately after the commission of the offence by apparently attempting to flee from the scene and even keeping away from the hospital while the victim was in dire straits and further shunning the burial ceremony, is conduct strongly suggestive of an accused who is not ready to willingly surrender to this court,” prosecution told the court.
The court further heard that such conduct by an accused person is of someone keen on influencing the outcome of investigations and therefore compelling reason for denial of bond.
The court further heard that the accused person coupled by the fame of the victim, has only served to aggravate the situation noting that the victim was a well-known and celebrated rally icon with a wide following from rally enthusiasts and the wider public thus placing the safety of the accused herein in jeopardy should she be released on bond.
“In view of the seriousness of the charge, there is strong and irrefutable evidence that points to the accused person’s guilt and if found guilty the punishment meted out could be that of the death penalty, there is real apprehension that the accused is likely to abscond,” prosecution told the court.
Khan’s family supported DPP’s application saying that Maxine has now been charged with the offence of murder contrary to section 203 of the Penal Code which carries the death penalty if found guilty.
The family said given the sudden change of events, Maxine poses as a flight risk and they are apprehensive that if she is granted bail or bond, she will abscond from this jurisdiction in a bid to escape the charges leveled against her.
“The victim’s family is apprehensive that the Applicant will use her influence to interfere with both the victim’s family and the potential witnesses who shall adduce evidence as they will be fearful and/or compromised which subsequently hinders the victim’s absolute right to justice enshrined under Article 48 of the Constitution of Kenya,” Khan family said.
The court also heard that the accused despite being released on a cash bail of Sh 100,000 prior Khan’s death, never bothered to visit her late lover in hospital nor attend his funeral to pay her last respect.
Corporal Diana Angote of DCI told the court that Maxine who was with Khan at the time of the incident but failed to give satisfactory account of what had happened to him.
She said the accused is now facing a capital offence which attracts death penalty and if released on bail there is likelihood that she will have the incentive to abscond in light of the strength of the evidence pointing to her culpability.
She said some of the Prosecution witnesses are well known to the her by virtue of being her neighbors and security guards where the incident occured and therefore the apprehension that she might interfere with the witnesses.
Maxine through her lawyer Philip Murgor told High Court Judge Justice Lillian Mutende that Khan was abusive and all his sponsorship money benefited him and his brother.
“Those sponsorship money went straight to Asad and his brother Adil and as she stands here, she has very little in her bank account,” Murgor stated.
Murgor further told the court that the only reason as to why Maxine could not visit Khan in the hospital and the burial place was out of fear of facing the hostile family.
He pleaded with the court that Maxine was a victim of domestic violence and that she should be released on a reasonable bail.
Further, Murgor told the court that the state doesn’t have compelling reasons against her bail denial since the accused always responds to the court orders and availed herself whenever required.
