Professor Jason Campbell Sharman testifying through video-link from a London court failed to pinpoint alleged economic crimes committed by an international company involved in the police modernisation Anglo-leasing contract.
He said he pretested a report based on the evidence EACC put on his table after contacting him through E-Mail.
Prof Sharman said he was “surprised” that a legal opinion by the Attorney General who had given the government legal advice on the contract was not among the documents EACC gave him before he wrote his expert opinion on the case.
He admitted he had no evidence to show that Infotalent committed economic crimes.
Prof Sharman further said the Ag’s legal opinion, read to him by SC Ahmednassir Abdullahi, was not shown to him and that it contradicts the evidence he was given.
He said he may have had a different opinion if he had this information first hand-the Ag’s opinion as to the validity of the contract.
Prof Sharman had relied only on the CAG report by Evans Mwai in giving his opinion.
The CAG report itself revealed glaring shortcomings in earlier proceedings in this case during cross-examination.
Not a shell company
He said he did not interview the maker of the CAG report before he gave his opinion
Ahmednassir said the witness failed to ask for more documents including those concerning public procurement regulations.
Prof Sharman told the trial court in Nairobi that it is lawful and legal to set up offshore companies such as Infotalent.
The witness said Infotalent was not a shell company as he was unaware that it was already been registered in India.
Ahmednassir: Did they show documents to show Infotalent was registered in India…
Prof Sharman: No!
He was shown then a certificate of incorporation
Ahmednassir: If you had that knowledge would it have changed your opinion?
Prof Sharma: If the evidence was different it may have…
The witness was taken through a raft of documents supplied to him by the EACC which confirmed funds were transferred to Infotalent by the government.
Prof Sharman said he had no specific evidence that Infotalent committed any crime.
The Austrian confirmed he had seen registration documents showing that the company was duly registered and not a fictitious or a ghost company as had previously been stated by Githongo.
The witness said he largely based his report on generalities with no specific examples to back his claims and did not review Kenyan law when filing his report.
Prof Sharman reaffirmed “there was nothing wrong about using offshore companies.”
Ahmednassir took issue with the single sourcing of the expert witness.He also dismissed the opinion as “slanted” and accused the witness of previously publishing biased articles concerning the Anglo-leasing contract.
He disowned write-up he said were co-authored by his colleagues although the defence had them marked as exhibits
Hearing was adjourned to March 12 after the prosecution said it will not be calling one of its witnesses.