Feb 7, 2023

Mawazo Writing Africa

Writing about the main

I’m the victim, Linturi tells court in rape case

Meru Senator Mithika Linturi said the sexual assault case he is facing in a Nairobi court is a “malicious” afterthought to pressure him to file his racketeering and kidnapping lawsuit against dropping the woman and other prosecution witnesses.

Mr Linturi, who is accused of assaulting another man’s wife at a hotel in Nanyuki in January last year, has also raised questions in court why the woman had made the assault allegations five days after he reported that she and others extorted Sh1 million from him.

Through lawyer Muthomi Thiankolu, he also told the court that the decision affected him to charge, arose out of and was rooted in his political affiliation.

In his submissions to the court, the attorney asked the magistrate to comply with his request for key evidence such as photos and Vi deos of the alleged crime scene and testimonies of the complainant and witnesses by the prosecution.

He also alleges that police have deliberately and discriminatoryly frustrated investigations into the senator’s kidnapping and racketeering complaint. He says police rushed to charge him with sexual assault before the incident was fully investigated.

The criminal case charges Mr Linturi with committing an indecent act on January 30, 2021 at Maiyan Villas Resort to an adult in Nanyuki, Laikipia County.

The senator allegedly committed the crime around 3 am, the indictment said. The attack allegedly happened after Mr Linturi slipped into the married woman’s bed in the hotel room while her husband was away.

He was charged with two counts – attempted rape and indecent behavior, which he denied and is for a cash deposit of 200,000 Sh.

Read: ‘Mchele’ Gang: Using Bhajia and ‘Desperado’, a Nairobi Woman Cheated Me Out of 200,000 Sh

His attorney wants to receive the electronic evidence and testimonies before the hearing begins.

Rely on

“Prosecutors don’t just have to disclose the evidence they have in support wants to advance the charges against an accused person, but also any evidence in its possession that it does not want to rely on. The prosecution cannot escape its duty, which exists whether or not a specific request for disclosure is made by the defense,” the attorney said.

He argued that the non-disclosure of exculpatory evidence by the Prosecutors face an unfair trial, regardless of the reasons for the reluctance.

The lawyer claimed that the woman made the sexual assault allegations on February 4, 2021, five days after Mr Linturi’s blackmail complaint against her was filed.

He said the woman and witnesses took their statements to the police on February 18, 21 days after the politician filed the racketeering charges against them.

< p>“The accused person states that if the orders (to be supported by evidence) requested in the application are not granted, he will be deprived of the right to a fair trial because a ver driving on the basis of the evidence presented so far by the prosecution will result in this court receiving a materially distorted picture of the case,” the lawyer argued.

According to court filings, Mr Linturi said on January 29 In 2021, while he was in the hotel, some people blackmailed him, beat him and stripped his clothes.

He claims that the people who prosecution witnesses in the attack case also took photos and videos of him naked and threatened to post and leak them on various social media platforms unless he paid a ransom of 1 million Sh.

On January 30th, 2021, he went to Nanyuki Police Station and reported the incident. He says the officer in charge of the police station filled out a P3 form for him, which made it easier for him to get treatment for his injuries from the beating. He was treated at the Nanyuki Teaching and Referral Hospital.

“After treatment, I returned to the Nanyuki Police Station, whereupon the DCIO gave me some officers to accompany me to the alleged crime scene. Upon arrival we found the blackmailers. The DCIO officers arrested them and obtained the phones with the nude photos and the videos they took of me, among other documents,” he says 200 Sh ,000 which the alleged kidnappers had taken from the politician as a deposit for the ransom of 1 million shillings.

Also read: Sim card exchange: How Farah Bashir in hours 2.6 million Schilling lost to scammers

Also restored was the agreement by which the kidnappers had forced Mr Linturi to cede the debt to the woman’s husband for the balance of Sh800,000 and the check for Sh800,000 sign they allegedly forced him to write.

Assault and Extortion

He adds that the DCI officials in Nanyuki immediately started the investigation into the incident of the attack and of blackmail and asked him to February 5, 2021 for feedback.

Mr Linturi, however, says he did not make it to Nanyuki on February 5 due to an inevitable parliamentary committee workshop in Mombasa, but officials assured him that the investigation were doing well.

He was also informed that they planned to recommend the prosecution of the woman and her witnesses for racketeering and other criminal charges of the January 30 events.

But on March 16, 2021, he says, he received a subpoena to appear at DCI headquarters to make a statement.

“Upon arrival, I was horrified to learn that officers at DCI headquarters, in conspiracy with the complainant and other prosecution witnesses, hatched a plan to make me the aggressor and the blackmailers victims,” ​​says Mr. Linturi.

“In particular, I was dismayed to learn that the DCI had retrieved the Nanyuki DCIO’s file in order to delaying the investigation into my earlier complaint and recorded a belated complaint by the applicant and other witnesses at the Nairobi Public Prosecutor’s Office, alleging that I had sexually assaulted her. “, he says. The case is mentioned on August 31.