A Malindi Court was told that a Nairobi businessman who died while on family vacation at Medina palms resort in 2015 was already dead when he reached hospital.
A former Watamu OCS told the court on Wednesday.
Michael Ndong’a the current Deputy OCPD Voi Sub County said on the material day the doctor on duty at Watamu nursing home where the late Jimmy Baburam was rushed to said he had “no element of life” when he arrived at the Hospital.
The former Watamu OCS told Malindi Chief Magistrate Julie Oseko while testifying that Amina Shiraz the Deceased wife was accompanied by American fugitive Jacob Schmalze her purported lover and was grieving at the hospital.
“She was accompanied by a male person, who identified himself as Jacob Schmalze and told me he was a family friend, “he said.
Both Shiraz and the American fugitive are facing murder charges in Mombasa high court. The case is going on.
In Malindi Shiraz together with Schmalze and Sgt Abdi Shee are facing charges of conspiracy to defeat justice.
Shee reportedly received Money through Mpesa from Shiraz amounting to Sh. 45,000 which was sent in two different transactions to conceal murder evidence.
He said Shiraz upon interrogating her revealed that the deceased was suffering from epilepsy.
The Former OCS said the deceased’s wife also told him her husband had been on medication since March 21 2015 adding that he collapsed and died.
“She told me he collapsed at the Veranda of Amani villas,” he said.
Earlier Ndong’a said while at the scene of crime he found blood stains, broken bottles at the veranda of Amani villa when they visited the scene of crime.
Jacob Ngao a former Malindi DCIO who also testified on Wednesday denied having fixed the fellow police officer in the conspiracy case
Ngao told the court that he launched investigations after the family of Jimmy Baburam logged complaints at the DCI office in Malindi and that he made recommendations on the same without victimizing anyone.
Baburam was allegedly murdered by his wife and American fugitive Jacob Schmalze on July 26 2015 at Medina Palms Amani villa in Watamu.
Schmalze is on the run but they have a pending murder case going on in Mombasa high court.
Ngao in his testimony said he established that Sgt Shee received money through Mpesa from Shiraz two times.
The former DCIO had a hard time explaining to the court during cross examination by defense lawyers Peter Karera of Shee and Peter Mwachoki of Shiraz on how he reached a decision to charge the second accused (Shee) instead of preferring charges against the Investigating officer , the then Cpl Ndegwa .
Daniel Hamisi from Safaricom confirmed that there was exchange of money through Mpesa between Shiraz and Shee.
He said on September 14 2015 Shiraz sent Sh. 25,000 to Safaricom mobile account number 0722608466 which belongs to Abdi Shee and another transaction of Sh. 20,000 on September 28 2015
The Malindi Chief Magistrate took issue with the Director of Public prosecution over delay in bringing witness.
She said the case had dragged and wondered how only four witnesses testified in two years and they could not avail any other witness in the afternoon despite the fact that she had set the whole day for them.
The Investigating officers and the DPP said they had set four witnesses to testify on Thursday.
“How can four witnesses testify in two years this has been a habit by the prosecution very soon I will be strict,’’ she said.