A police officer who first investigated the mysterious death of Nairobi-based businessman Jimmy Baburum in Watamu on July 27, 2015, was forced by his seniors to stop writing statements from the wife and her alleged American lover.
The Malindi High Court on Friday heard the then Watamu OCS and a Sergant Abdi, who is already facing charges of conspiracy to conceal the murder, ordered Corporal James Ndegwa to stop writing statements of Amina Shiraz, the wife of the deceased and the American fugitive Jacob Schmazle.
Ndegwa made the revelations while testifying before Justice Dora Chepkwony on Thursday .
On the material day, he said he had already begun writing the statements Abdi came in and told him to stop "harassing" Shiraz as she was still grieving.
“She had begun giving me her statement, but immediately Sgt Abdi came in the office followed by the OCS and told me to stop harassing he,’’ he said.
Ndegwa said he told his seniors even if the statements are not taken, they had to do a postmoterm on the body. He said Shiraz started crying after the OCS said he should stop harassing her .
“I suggested we that the postmoterm be done because Shiraz was insisting that her husband was to be buried the same day in accordance with the Muslim faith,’’ he said.
Ndegwa said at the scene, Schmazle on the balcony of Amani House in Medina Palms where the deceased and his wife were staying during their holiday before his death.
Ndegwa said he found the American bleeding and when he asked him about what had happened, Shiraz said he had fallen down.
“I asked him how he got the wound. Shiraz he fell because he was drunk. I asked Schmazle to show me where he had fallen. The area had bloodstains,’’ he said.
On the material day the Police officer told Lady Justice Dorah Chepkwony that a security guard told him that he found Amina and the American trying to pull the deceased out of the poll.
Shiraz’s lawyers Ahmed Abdul Nasser and Jared Magolo accused the police officer of giving out a testimony which was outside his written statement saying he was coached.
Nasser asked him whether ‘he was coached ‘to testify but the Police officer maintained that whatever he said was what transpired on the material day and was telling the truth.
The Police officer is among 18 witnesses who will testify in the Murder Case of Baburam who died while on a family vacation in a suspected love triangle at Medina Palm Resort in Watamu on July 26 2015.
Shiraz allegedly conspired with the American lover to kill her husband but said her husband had drowned.
The American fled out of the country last year in what detectives said was to avoid being charged with murder.
Both Malindi and Mombasa law courts have since issued a warrant of arrest against him.
Among the witnesses who have since testified include the late Baburam’s step mother and wife of Rtd Brigadier David Baburam, Mrs. Yadit Tesfay Baburam, Obrien Baburam a brother of the deceased, and a former house help Everlyne Nabwire., Said Dzombo Hare a security guard at Medina palms.
Two of the 18 witnesses had witness protection orders.
Dzombo the Security guard who was assigned on patrol of the Medina palms that day said he saw Shiraz her late husband and the American still drinking at about 4 am while going to the main gate.
However after 10-12 minutes he was called by the security guard manning the villa telling him there was a guest who was inside the water
“”The man was lying beside the pool, his wife said he was epileptic and developed the condition while swimming,’’ he said.
Dzombo said Shiraz kept on saying her husband was drunk and when the hotel duty manager came with a first Aid Kit the wife asked them to first handle the American.
Eight more witnesses are yet to testify in court.
The Judge yesterday ordered Shiraz to no longer report weekly at Gigiri police station in Nairobi as ordered earlier.
Hearing will resume on September 24 to September 27 in Mombasa law courts.