• Lawyer said they did not deny that the accused persons exchanged M-Pesa messages or communicated but revealed what the transactions were for.
• The Director of Public Prosecution Counsel Alice Mathangani objected saying they had proved beyond reasonable doubt that they conspired to defeat justice.
A police officer charged with conspiracy to defeat justice alongside the wife of the late Nairobi businessman Jimmy Baburam will know their fate on November 15.
Sgt Abdi Shee formerly of Watamu Police Station and Amina Shiraz the deceased's wife allegedly conspired to conceal evidence of the murder of Baburam.
Shee reportedly received money through M-Pesa from Shiraz amounting to Sh45,000 which was sent in two different transactions to conceal murder evidence.
Shiraz alongside American fugitive Jacob Schmalze is also facing a murder case at the Mombasa High Court. The two will know their fate on December 3.
The conspiracy case is before Malindi Chief Magistrate Julie Oseko. The defense concluded highlighting their submissions of the case on Tuesday.
In their submissions, Shee and Shiraz want the court to dismiss the case claiming the prosecution failed to prove beyond reasonable doubt that the suspects conspired to defeat justice.
Through their lawyers, Kimani Gicheru and Karega, they said the police officer who was initially assigned to the case was a witness in the matter.
Karega said they did not deny that the accused persons exchanged M-Pesa messages or communicated but revealed what the transactions were for.
''The prosecution ignored the conversation... I invite the court to ignore such,'' he said.
He told the court that there was no case to warrant the accused be put into their defence.
However, the Director of Public Prosecution Counsel Alice Mathangani objected saying they had proved beyond reasonable doubt that they conspired to defeat justice.
''I have listened to my colleagues' submissions, it's our view that as prosecution we have evidence that can't be looked in a vacuum...It should be looked from the police file,'' she said.
Mathangani mentioned the OB, OB extracts, forensic reports exhibits and Safaricom reports.
She said it was clear from the evidence that there was a conspiracy to defeat justice to prevent legal process on the circumstances of death.
Both of the accused persons were present in court.