• The doctor from the Government Chemist took the stand yesterday for the second time after he was recalled by Ngugi’s lawyer Kevin Michuki for cross-examination.
• The lawyer put up a spirited fight to expunge the report from the evidence in court.
A doctor has linked police informer Peter Ngugi to the scene where human rights lawyer Willie Kimani and two others were murdered.
The doctor from the Government Chemist took the stand yesterday for the second time after he was recalled by Ngugi’s lawyer Kevin Michuki for cross-examination.
The lawyer put up a spirited fight to expunge the report from the evidence in court.
The doctor told Justice Jessie Lessit that he received evidence material on July 15, 2016, and analysis was done on various days.
The court heard that among the exhibits received included cigarettes butts that generated a DNA profile of Peter Ngugi and another of an unknown male.
The doctor said Exhibit no 3,4,6 8 generated DNA profile that matched sample indicated Peter Ngugi with a probability of match 2.82 *10.
However, according to the witness, some exhibit generated a mixed DNA profile.
Ngugi’s lawyer Michuki asked the doctor what the status of the cigarettes was when he received them for analysis and whether they looked degraded.
The witness told the court that the butts he received were smoked and definitely not full cigarettes.
“Do any look like they were left outside for about weeks?” Michuki asked.
The doctor said he may not know as it will be difficult for him to know the time frame that the cigarettes were there for.
However, the doctor testified that from his expert point of view he knows that cigarettes are very good retainers of DNA because of the cotton in the filter.
Michuki then produced two sample receipt forms for the swabs, one of which belonged to Ngugi, his client.
The doctor said the documents are reference samples and Ngugi was taken to him by inspector Clement Mwangi for swabbing.
He further said they followed due process to collect samples and analyse them.
“For police cases, a person to be swabbed must be accompanied by police who must also identify himself,” he added.
He also told the court that by the time someone is taken to them, they assume all other details have been taken care of.
This led Michuki to make an application to have the report by the Government Chemist expunged from the court records.
He argued that an officer of the rank of an inspector cannot make an order of sampling if the suspect in question does not give written consent.
Michuki said the report has not indicated compliance and the court has no option but to expunge the document.
He said his client will not get a fair trial if the report is used as evidence
Michuki based his application on Section 122 (b) of the penal code that requires that for DNA results to be admissible, they must comply with Section 122 (a) and (c). The sections provide for misdemeanours in police custody.
But the prosecution told the court they were not ready to respond and needed time.
The prosecution said they were not aware of the application. It's an ambush, they said.
In the case, four Administration Police officers Fredrick Leliman, Sylvia Wanjiru, Leonard Mwangi and Stephen Cheburet alongside police Ngugi were charged with the murder of Kimani, his client Josephat Mwenda and driver Joseph Muiruri.
The case resumes hearing on July 27.