- Last November, Linturi told the court that he wanted the prosecution to release his Sh200,000 given to the woman he is alleged to have attempted to rape.
- The senator has further requested to be supplied with a witness statement of the complainant at the crime scene dated January 31, 2021.
Image: ENOS TECHE
Meru Senator Mithika Linturi has asked the DPP to furnish him with his alleged nude photos and videos presented as evidence in his attempted rape case.
Linturi says he wants the prosecution to supply him with the photos and videos which the witnesses took of him at Maiyani Villas, where the alleged attempted rape took place.
Senator Linturi is accused of slipping into a woman's hotel room bed and attempting to rape her.
The application is filed before Milimani chief magistrate Susan Shitubi through his lawyer Muthomi Thiankolu.
Linturi wants to be supplied with the O.B NO 38 abstract of Nanyuki police station dated January 30, 2021, where he had logged an extortion complain against the complainant.
The senator has further requested to be supplied with witness statement of the complainant at the crime scene dated January 31, 2021.
“Failure to supply me with the said documents the criminal proceedings against me shall automatically be dismissed,” the court documents say.
Through written submissions, he said there has been frustrated investigations into his extortion complaint against the complainant.
Linturi said the sexual assault allegations set out in the charge sheet are an afterthought contrived to pressure him to drop the extortion complaint against the complainant and other prosecution witnesses.
The hearing of the application has been pushed to March 16.
The application came after the prosecution through Alice Mathangani told the court that they had not been supplied with the application.
Shitubi ordered Linturi to serve the said documents.
Last November, Linturi told court that he wanted the prosecution to release his Sh200,000 given to the woman he is alleged to have attempted to rape.
When the matter came up for a mention on pretrial, the senator through his lawyer told the magistrate that the prosecution should release his money.
Thiankolu said the state has been holding it for the last one year.
"Your honour I am making an application to have the prosecution release Sh200,000 which is in their possession for the last one year. The said money belongs to my client and was recovered from the complainant by the police," the lawyer said.
The lawyer also asked the court to order the state to supply to him the witness statement of the complainant and the OB claiming they were not in the inventory of statements and documentary material supplied to him.
In response, prosecution counsel Mathangani told the court that the investigating officer required time to confirm whether the said documents are in his possession and supply them to the defence team.
Mathangani also told the court that the Sh200,000 that Linturi wants the prosecution to return to him is an exhibit that will be used in court as evidence during trial, thus it cannot be released until its produced in court.
The senator was on September last year charged at a Nairobi court with attempted rape.
In the charge sheet, Linturi is accused that on January 30, 2021 at around 3am at Maiyan Villas hotel in Nanyuki, he intentionally and unlawfully attempted to rape the 36-old-woman.
(Edited by Bilha Makokha)