Witness in sex abuse case against Turkish man declared hostile
What you need to know:
- The businessman is facing 10 criminal charges including child defilement.
- Ipoa has been drawn into the matter and asked to investigate allegations of coercion.
- Those the human rights group want investigated include the officer investigating the case.
A key witness in child prostitution case against Turkish tycoon Osman Elsek has been declared hostile by a Malindi court after she recanted her evidence against the businessman.
Chief Magistrate Julie Oseko declared the minor, who was allegedly defiled by the Turkish, hostile, saying she has vindicated the businessman.
The businessman is facing 10 criminal charges including child defilement, prostitution and committing an indecent act with three children aged between 15 and 17 years.
IPOA
At the same time, the Independent Policing Oversight Authority (Ipoa) has been drawn into the matter and asked to investigate allegations of coercion and intimidation of witnesses in the matter.
Commission for Human Rights and Justice (CHRJ) which is a party in the case has written a letter to Ipoa requesting to probe parties in the case, arguing that some quarters are hell-bent on circumventing the cause of justice.
Those the human rights group want investigated include the officer investigating the case, a children officer and a teacher from the learning institution where the minors alleged to have been defiled by the billionaire schooled.
PROBE CONDUCT
CHRJ has also copied the letter to the National Police Service director of internal affairs to investigate the conduct and role of the investigating officers in the alleged child prostitution case and hold them to account.
Mr Julius Ogogoh, the CHRJ executive director, wrote the letter following altercations between state officers and the three girls allegedly defiled by the Turkish national.
The girls claimed that Mr Osman has been paying their school fees.
"We therefore wish to request your esteemed office to further investigate the conduct and role of the officers in the alleged criminal matter and hold them to account," the letter said.
Under his firm Elsek Group of Companies, the tycoon runs various educational social responsibility programmes.
NO EVIDENCE
Mr Elsek, through his lawyers Cliff Ombeta and Daniel Wamotsa, has maintained that the prosecution has no evidence against him and that is why his trial has delayed for about six months since he was charged.
Mr Elsek is accused of defiling a 15-year-old girl and committing an indecent act against three others aged 15 and 17 years against their will at his residence in Kikambala, Mtwapa in Kilifi County.
In addition, Mr Elsek, who has been released on Sh700,000 cash bail, is facing other charges of child prostitution by taking advantage of his influence to procure the minors for indecent acts at his house.
FORGERY
The prosecution has further charged him with forging two baptismal certificates of two minors who are under his custody.
But the Turkish tycoon claimed in court that he is being targeted by powerful individuals to surrender his investments valued at more than Sh5 billion in the country.
The suspect alleges that there are people who are out to fix him and have him deported to Turkey so that they can remain with the property and distribute it amongst themselves.
The trial proceeds on July 22.