Anglo Leasing suspects oppose bid for evidence through video

Suspects linked to the Anglo Leasing case have strongly opposed an application to have some witnesses testify via video conferencing saying no evidence has been given to justify why they can’t appear in court personally.

Key international witnesses including Jason Sharman, a professor at Cambridge University, Srinivasan, a resident of Switzerland, and top US whistle blower Bradley Birkenfeld say they cannot attend trial in Kenya.

READ: Githongo on the spot for skipping Anglo-Leasing trial

Through lawyer Ahmednasir Abdullahi, the accused told the anti-corruption court that criminal trials cannot be conducted based on the preferences and sole discretion of witnesses or prosecuting counsels.

“This being a criminal trial, all aspects of the case must be ventilated in open court,” said Mr Ahmednasir.

He also said that the video conference application is an attempt by the prosecution to further delay the case.

The prosecution told the court witnesses are not ready to testify physically in court owing to their busy schedules and advice from their lawyers.

However, Mr Ahmednasir said the witnesses cannot be busy throughout the year and should give a date when available.

Mr Birkenfeld, 50, who helped expose widespread tax fraud by wealthy Americans using Swiss bank accounts for a reward of $104 million (about Sh9.5 billion), was initially a suspect in the Anglo Leasing suit and could not be traced.

Deputy Director of Public Prosecutions Nicholas Mutuku urged the court to allow the application, arguing it cannot issue a warrant of arrest against foreign witnesses to secure their attendance in court.