State to bring Thai evidence in Sh576m ivory smuggling case

Abdulrahman Mahmoud Sheikh, Sheikh Mahmoud Abdulrahman and Mahmoud Abdulrahman Sheikh at the Mombasa law court, the state asked the court to allow them hold the suspects for 20 more days to complete investigations. The state told the court that the three are believed to be part of the syndicate that exported 511 pieces of ivory to Thailand and 1273 pieces of ivory and Rhino horns to Singapore. The court was also informed that investigations began on April 27 and the respondents were arrested on June 3. They appeared before Chief Magistrate Susan Shitubi. Photo file
Abdulrahman Mahmoud Sheikh, Sheikh Mahmoud Abdulrahman and Mahmoud Abdulrahman Sheikh at the Mombasa law court, the state asked the court to allow them hold the suspects for 20 more days to complete investigations. The state told the court that the three are believed to be part of the syndicate that exported 511 pieces of ivory to Thailand and 1273 pieces of ivory and Rhino horns to Singapore. The court was also informed that investigations began on April 27 and the respondents were arrested on June 3. They appeared before Chief Magistrate Susan Shitubi. Photo file

The state plans to fly in five Thai witnesses to testify in a Sh576 million ivory smuggling case against nine suspects.

The five include a wildlife and ivory analyst and officials who intercepted the goods in Thailand.

Abdulrahman Mahmoud and his sons Sheikh and Abdulrahman are accused of exporting 511 pieces of ivory weighing 3,127kg in 2015.

The three are charged alongside Lucy Muthoni, Musa Lithare, Samuel Mundia, Salim Mohammed, Abbasi Rashid and Kenneth Njuguna.

The DPP, through senior state counsel Yamina Jami, said statements from the foreigners will be recorded in 90 days.

“The witnesses we intend to bring in are very important to this case and it is important for the court to allow their testimony,” Jami said.

Defence counsel Jared Magolo objected to the introduction of the new witnesses. He said the defence team would not allow the prosecution to bring in foreign witnesses when the case was close to completion. Twenty-one witnesses have testified and the prosecution expects to present 10 more witnesses.

Chief magistrate Evans Makori said the court will decide whether to allow the witnesses after the local ones have given their testimony.

Some of the accused persons are accused of helping to clear the ivory concealed in a container with tea leaves.

Arrest by interpol

They allegedly transported the ivory from Kenya to Thailand between March and April 2015.

Also mentioned in the case are Tanzanian brothers Nicholas and Samuel Jefwa, who are on the run after Interpol issued a warrant of arrest against them.

The prosecution is working to get a conviction, especially after the Feisal Mohammed case was unsuccessful.

Feisal, who was sentenced to 20 years, was acquitted by the High Court for lack of sufficient evidence.

He had been convicted of possessing ivory valued at Sh44 million.

Judge Dora Chepkwony said the sentence was unconstitutional. Feisal had also been fined Sh20 million.

Feisal had been charged alongside five other people who were acquitted.

Feisal was arrested by Interpol agents in Dar es Salaam, Tanzania, in December 2014.

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