A key witness in the murder case of businessman Jimmy Baburam, who died at Medina Palms Resort in Watamu, has told the court he saw the deceased’s wife and her alleged American boyfriend "drowning" him.
The witness testified before High Court Judge Dora Chepkwony. The judge went to Amani villa swimming pool where Baburam died on the night of July 26, 2016.
Identified as "PWW" because he is under protection, the witness told the court he saw the widow Amina Shiraz and Jacob Schmalze
"drowning" Baburam.
Shiraz and Schmalze, who is on the run, are accused of murdering Baburam in a suspected love triangle while on a family holiday.
The witness said on the fateful night, he was doing his usual patrol about 20m from the
pool where
he saw the suspects struggling with Baburam who was inside the water.
"I rushed to the scene and found Baburam had been dragged to the shallow end which is about 1m deep," the witness said.
He said Shiraz claimed that Baburam was epileptic and had developed the condition while swimming.
The witness said while Baburam was laying lifeless, Shiraz rushed to help Schmalze who had injuries.
She told him to keep off as the issue was a family matter.
Journalists were not allowed to cover the sitting because the witness is under protection.
During cross-examination, defence lawyer Jared Magolo asked the witness why he never raised the alarm.
The witness said he wanted to see what was happening first before doing so.
The judge rejected a forensic expert witness from the prosecution who testified using a report signed by another officer. He told the prosecution to bring the author of the report.
Justice Chepkwony made the ruling after the defence lawyer filed an application at the Mombasa law courts asking the court to withdraw the report as the signatory was not the one testifying.
The prosecution still has nine more witnesses.
Read;