BY SAM ALFAN .
Embakasi East Member of Parliament Paul Ongili alias Babu Owino has been acquitted of charges of misuse of firearm in a case where Felix Orinda alias DJ Evolve was injured.
Trial magistrate Bernard Ochoi found Babu Owino not guilty and acquitted under section 215 of the criminal procedure code.
The magistrate ruled that the prosecution failed to prove the case beyond reasonable doubt.
“Having evaluated the evidence available before me and applying the relevant test, it is my finding that the prosecution has not proved its case beyond reasonable doubt,” said the magistrate in his decision.
The court noted that the case was of great public interest that may have gone wrong during investigations and suggested that such matters should be assigned to senior and experienced officers at least in the rank of Inspector of police.
In the 32 page judgement, Magistrate Ochoi said there was no evidence presented to show the state of sobriety or otherwise of the accused in the allegation of being disorderly.
While acquitting the MP, he said that the victim(Dj Elvove) of the alleged offence denied that he quarreled with the legislator or that Babu shot him.
“There was no evidence that the victim sustained a gunshot wound that the accused intended to shoot him and the ballistic expert did not conclusively find that the accused’s firearm was the one used in the act,” observed the magistrate.
The magistrate said the Directorate of Criminal Investigation had done a shoddy work on investigating the case as the crucial evidence was not shown.
“The investigations were shoddy as the most crucial evidence was not shown. On the footage provided in court,from where the accused was standing where the wall that the bullet was recovered,it could’ve been determined by the angle of the bullet came from where the accused was standing.” said Ochoi.
The court stated that the investigation could have determined who had shot Felix by analysing the CCTV footage from where Babu was standing and where the bullet was recovered.
Further,the court noted that Orinda was not one of the Prosecution’s witnesses and neither did he record any statement or a report given that he had refused to give a statement.
The court also said that the injured DJ testified that Babu was known to him and even helped with his hospital expenses and general bills.
“Felix Orinda’s evidence being considered crucial, stated that he was talking to the accused on the day of the incident and did not see the gun on him nor did he have any arguments with the accused,” the magistrate said.
According to the Magistrate, the forensic examination didn’t confirm that the bullet found at the scene was a match to the firearm that belonged to Babu Owino and neither did the ballistic expert find any link to Babu’s firearm.
The magistrate observed that the ballistic officer testified in respect of the examination and analysis conducted on the exhibits mentioned and said that he examined the exhibits and confirmed that exhibits were a firearm and ammunitions respectively and were capable of firing and being fired.
He also stated that the ammunition were caliber 9×19mm. He also formed the opinion upon analysis of the recovered spent cartridge case it was found to be in caliber 9x19mm and had sufficient breech face markings, ejector markings and firing pin identification which enabled him form an opinion that it was fired from Mannlicher pistol like that of the accused.
In regard to the recovered bullet head he stated that upon examination it bore six identifiable land engraved areas similar to those found in the accused’s gun, he however stated on cross examination that he could not tell whether the recovered bullet head and cartridge case were related and could not tell whether the bullet head that was recovered and marked “E” was shot from the accused’s gun.
He admitted on further cross examination that there were many firearms which could use a 9x19mm ammunition like Ceska pistols, Glog pistols, Smith and Weston etc.
The net effect of the evidence of the ballistic officer’s evidence was that though the accused’s firearm may have been used to fire the recovered cartridge and recovered bullet there was a possibility of other firearms doing the same and therefore could not conclusively find that the accused’s gun could have fired the recovered bullet head and cartridge.
The magistrate said it was upon the investigating officer therefore to avail collaborative evidence as the evidence by the ballistic officer could not stand on its own.
Addressing the media at Milimani law courts after being acquitted, Babu said that he won’t stop supporting DJ evolve and is planning on flying DJ evolve to India for further treatment.
He further said that he will find true victory on the news of the DJ being fully recovered.
DJ Evolve was shot in 2020 at B club in Kilimani as Babu was having a meeting in the club. The MP has been supporting him by paying his hospital bills and medicare. Babu claimed he had spent over Sh 58 million on the DJ.
