THE prosecution was at a crossroads once more after it emerged it had not disclosed a crucial document in the case and has been leading evidence to portray that nothing was ever shipped by Sound Day to the GoK.
It was not lost on the defence that the document, a letter from Sound Day Corporation to the Office of the President, dated November 10 2003, instructing the PS of the arrival of a consignment, if disclosed earlier may have altered the entire course of the trial.
According to the defence, the letter, annexed with a bill of lading, identifying the ship, its cargo and consignment details provides enough proof that Sound Day delivered goods as opposed to the narrative that it never supplied equipment.
Sound Day, the trial court has been had a long trading history with the GoK and was a legitimate company registered overseas.
Onset of the trial
It was one of the companies, earlier reported as a ghost company that had been secured to supply equipment to the police in 2003 before the government reneged and cancelled the contract.
“The prosecution has all along been saying that no goods were supplied,” SC Ahmednassir Abdullahi who raised an objection against the production of the letter by the State submitted.
He said it was the first time the defence was coming across the letter as it was not among the bundle of documents supplied by the prosecution at the onset of the trial.
The prosecution had produced the letter to be marked as an exhibit.
“Here is evidence showing that goods were shipped and handed over to the government,” SC Ahmednassir said.
The letter sub-titled: Notification of arrival of security equipment states that the cargo was consigned to the Commissioner of Police for receipt at the Mombasa port.
Trial magistrate Felix Kombo ordered the prosecution to hand a copy of the letter to the defence.
The letter is an offshoot of the contract between the GoK and Sound Day for supply of security equipment for modernisation accessories for the police.
In the memo details of direct procurement for the project appears to have been given the go- ahead.
The memo states that an annex that provides the details of what is to be delivered be included and that the OP confirmed that there would be budgetary provision in their budget to finance the modernisation project.
Hearing was adjourned to July 11 2019.