A FORENSIC examiner has confirmed the former Attorney General believed the prosecution never had a strong case in the Angloleasing investigations.
Henry Mwithia who worked as an investigator with KACC, now EACC, said the AG subsequently returned the files with glaring gaps to be filled, of which he was not sure if they were before the case commenced in court.
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He said “only the lead investigators are better placed to know if that was done.”
Mwathia said he was aware the Anglo-leasing files were returned with a reccommendation that the gaps be filed before prosecution.
He said he had left the anti-graft body when the case was dragged to court and would not comment whether the gaps were filled.
The witness told the trial magistrate Martha Mutuku that Anglo-leasing investigations had largely relied on an audit report by PwC which had been annulled by an order of the high court.
“I cannot remember the contents of the PwC audit but it formed part of our investigations,” the witness said.
Prosecution case weak
Mwathia also said some ministries had been reluctant to surrender original documents but there is record, as in a chain of custody,to show the transfer of the document .
The witness said the whereabouts of all original documents involving the Anglo-leasing probe can be traced as there are records.
He added that after the investigations , KACC forwarded the investigation files to the Attorney General’s office to start prosecution.
However, upon reviewing the files, Attorney General Amos Wako in 2006 returned them with recommendations that the investigators should fill certain glaring gaps that would make the prosecution case weak.
Mwithia said KACC then initiated the process of seeking Mutual Legal Assistance (MLA) from countries abroad, as part of the recommendations made by the AG.
He said in one of the foreign travels to the US, they failed to secure a key witness, Merylin Kettering as he was critical on his role in the contested contracts.
But he could not commit himself in court if atall Kettering is still crucial prosecution witness.