BY SAM ALFAN .
The Office of the Directorate of Public Prosecution has appealed the decision to acquit Embakasi East MP Babu Owino in a shooting incident where a DJ was seriously injured a few years ago.
Owino was freed early this week by trial magistrate Benard Ochoi of charges misuse of firearm in a case where Felix Orinda alias DJ Evolve was injured.
The court freed the MP saying the prosecution failed to prove the case against the MP.
The DPP wants the High Court to quash the decision and substitute the decision with a conviction.
In the appeal, the DPP argues that trial magistrate erred in law and fact by acquitting the MP without considering the weight of evidence and testimony adduced by the prosecution witnesses.
The prosecution also faults the magistrate saying he failed to properly consider the credible and cogent evidence adduced by the prosecution witnesses.
“The trial magistrate erred in law by failing to properly consider the provisions of section 107 of the Evidence Act Cap 80,” says the DPP.
The DPP further argues that trial magistrate erred in law and fact by finding that the ballistic expert report was inconclusive.
“Trial magistrate erred in law and fact by finding that there was no evidence of the victim having sustained gunshot wounds,” says DPP in his court documents.
Itv is also the DPP’s case that Magistrate Ochoi erred in law and fact by finding that Owino did not intend to shoot the victim.
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.
