Director of Criminal Investigations yesterday said some documents produced by the defence in Busia governor Sospeter Ojaamong’s case may have been forged.
In an application filed at the High Court, the prosecution wants court to stay the criminal matter until their case is heard and determined.
The prosecution was aggrieved by the ruling issued by Anti-Corruption Chief Magistrate Douglas Ogoti barring them from introducing the evidence in court.
Ogoti said that any new evidence gathered will form part of a new court case and disallowed their application.
Prosecution said Ogoti misdirected himself in the matter by stating that they wanted to supply evidence that had already been produced by the defence.
Prosection argued that the High Court can call for the record of all proceedings before the subordinate courts in order to give fair administration of justice. The court further heard that the defence lawyers in the case produced several documents that were marked by the court and were later verified.
The prosecution further alleged that they never got a chance to look at the said documents that were produced in court by the defence at the beginning of the trial.
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“During cross-examination, it came out clearly that though they look similar, some of the documents appeared to be altered,” prosecution said in its application.
According to the DPP, the defence told court that the documents they had were adopted documents while the ones that were with them were drafts.
The DPP then sought to verify the documents and the court allowed the investigations to proceed even after Ojamoong and he co-accused had objected to it.
“They have only been marked and it was our duty to verify before they are produced,” the court heard.
Senator James Orengo strongly opposed the application by the DPP arguing that it is misconceived and the High Court has limited jurisdiction.
Orengo said all the documents produced in court were from the county assembly, which are public documents.
Orengo asked the court to dismiss the application saying that the DPP is only seeking to introduce new evidence in the case.
Orengo claims that the DPP is only trying to revamp a case that is falling apart, alleging that the prosecution has stood down two of their witness, one who had never recorded a witness statement.
Ojaamong and nine other county officials are charged with engaging in a scheme to defraud the county government of Busia Sh8 million between the months of March and September, 2014.
They face seven counts ranging from abuse of office, conspiracy to commit an economic crime and engaging in a project without proper planning.
The ruling will be delivered on January 9.
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