BY SAM ALFAN.
British Broadcasting Corporation (BBC) has been accused of using an exposé on alleged child trafficking at a Nairobi hospital for commercial gain.
Lawyers Danstan Omari and Martina Swiga for Fred Leparan, a medical social worker at Mama Lucy Hospital accused the BBC of using the exposé to make money with no evidence.
The lawyers poked holes in the evidence presented by the prosecution in a case against Leparan and Selina Awuor Adundo.
They accused the prosecution of relying on the BBC documentary to prosecute the case.
Lawyer Swiga told the trial court that the British Broadcaster is a commercial media house that pegs its commercial success on viewers.
She said the BBC video, which informed the basis for the charges against the accused persons, is a pure narration of the journalist with nothing to support the claims.
Trial Magistrate Esther Kimilu heard that there is no nexus between the charges preferred and the documentary.
She said they even called the deputy director Nairobi metropolitan services with a predetermined decision against Leparan yet he had not gone through the trial process.
“This was a commercial witchhunt for their commercial benefit; accusing the most grassroot employee in the chain,” lawyer Swiga told the court.
Lawyer Omari also questioned the credibility of the prosecution witnesses with two of them, having been initially charged but the case against them was dropped.
Leparan has denied being involved in the alleged child trafficking.
The accused person said that Monica Atieno is the one who appended her signature allowing the children to leave the hospital. He also denied escorting the babies out of hospital.
While asked by lawyer Omari about the amount of money he is heard mentioning on the clip aired by BBC, he said he was telling the person about the amount required during adoption process.
He faulted the Prosecution for withdrawing charges against top hospitals bosses.
DPP dropped charges against Hospital administrator Regina Musembi and CEO Emma Mutio who had previous charged alongside the two accused. They testified against their juniors who are now defending themselves after court ruled they have a case to answer.
Leparan who was employed by the hospital in year 2017 while defending himself told the court that
They were arrested on May 18, 2020 followed an exposé that aired on BBC Africa titled “The Baby Stealers”
The two are are accused that on diverse dates between 15 day of March 2020 and 16th day of November, 2020 at Mama Lucy Kibaki Hospital in Embakasi Central within Nairobi County. jointly with others not before court, conspired to commit a felony namely Trafficking in persons.
Prosecution told the court on diverse dates between 30 day of April 2020 and 13th day of May, 2020 at Mama Lucy Kibaki Hospital in Embakasi Central within Nairobi County, Leparan and Selina jointly with others not before court, received and transferred a male child aged three (3) weeks namely J.S for the purpose of abusing the vulnerability of the said child.
They are also charged jointly with others not before court, received and transferred a female child aged two (2) months named N. H alias L. K for the purpose of abusing the vulnerability of the said child.
