The defence in the Willie Kimani murder trial on Friday tried to exonerate the key suspect by saying his phone was not at the murder scene.
While cross-examining head of investigations Nicholas Olesena, lawyer Cliff Ombeta told the court AP Fredrick Leliman's phone data was not at the crime scene on the day of the murders in June 2016.
Ombeta asked Olesena if the data retrieved from Leliman's phone showed he was anywhere near the murder scene and Ole Sena said the data retrieved did not capture the phone at the scene
However, the officer told judge Jessie Lessit they were focusing on Leliman's police radio phone that was captured at the crime scene.
Ombeta had asked him why they did not go to the places where the phone was identified to determine if Leliman had been there.
The investigator said they retrieved the data but focused more on the police radio than on Leliman's mobile phone.
Ombeta tried to convince the court the data records shown in court proved his client's phone and his police radio were not at the same place on the day of the murder.
Olesena told the court that the devices being at different places did not mean anything. He called it a way to confuse investigators.
“All I know it was a plot to confuse, he was not with his phone,” Olesena said.
Ombeta asked the officer if they ever went to Leliman’s house to ask the guards whether he had ever left his home on that day. Olesena said they had not done so.
Ombeta walked the court through Leliman’s alleged movements on June 23 when the victims were abducted and later killed in Mlolongo. They included Kimani's client and taxi driver.
At 7.53am his phone data is captured in Mlolongo at his house, then later at 10.27am at Steel Makers within Mlolongo.
At 11.27am, Leliman’s phone was captured at Madaraka estate, until 12.23 he was still at Madaraka ,which according to the defence, was the time the abduction took place in Mlolongo.
Ombeta was trying to show the court his client was miles away from the alleged kidnapping when it happened.
But, Olesena maintained his radio phone was the most important device in their investigations and not the locations of his phone.
Four Administration Police officers - Fredrick Leliman, Sylvia Wanjiru, Leonard Mwangi and Stephen Cheburet, alongside police informer Ngugi - have been charged with the murder of Kimani, his client Josephat Mwenda and driver Joseph Muiruri.
The case was adjourned on Friday afternoon until next month when Ombeta will continue the cross-examination of Olesena.
Ombeta told judge Lessit at he needs at least seven more hours to complete his cross-examination, arguing that Olesena is a crucial witness.
Lawyer Katwa Kigen for Wanjiru said he needs at least two days to also cross-examine the officer. The other two defence lawyers also asked for two days each.
Judge Lessit asked them to reduce the time because Ombeta has already asked most of the questions.
(Edited by V. Graham)
