A Briton who was four years ago accused of killing his girlfriend has been freed by the High Court for lack of evidence.
While pointing an accusing finger to the prosecution, Lady Justice Hedwig Ong’udi ruled that Carl Gary Singleton, 43, was not guilty of the murder of Peris Ashley Agumbi.
“The evidence adduced herein and relied on by the prosecution is incredible and therefore wanting, if this court were to place the accused on his defence and he lawfully chooses to remain silent, would it go ahead to convict him on the basis of the evidence before it? My answer is No,” said Justice Ong’undi.
Mr Singleton was accused of flushing life-saving drugs of the late Ms Agumbi who was suffering from diabetes and hypertension.
The judge faulted the prosecution of merely suspecting the accused to have committed the murder offence instead of presenting evidence that was tallying with the allegations raised against him.
The judge also ruled that prosecution did not present a key witness whom the court was told would have shed light on the whereabouts of the deceased’s last moment before she died.
The court also heard that the information presented surrounding how the said medicines had been flushed in the toilet as alleged was inconsistent hence did not add up.
“In conclusion, I find that the accused is not guilty of murder of the deceased and I acquit him. He shall be set free unless otherwise lawfully held,” she ruled.
On November 22, 2014, Mr Singleton was charged with killing the woman he had allegedly fallen in love with after meeting through social media platform, Facebook.
She was a fourth year Bachelor of Commerce student at the University of Nairobi.
On the fateful day, the night of November 19, the same year, the two who lived together in an apartment in Gachie, had a disagreement that saw Mr Singleton throw out Ms Agumbi.
She left the house without her medicines and reported at the Kihara Police Post that the accused had destroyed her medicines and spectacles.
A neighbor testified that the accused had an anger problem and reprimanded the deceased for making noise for him before attacking her by holding her neck while chocking her that night.
Ms Agumbi had tried to get back to the house to get her medicine instead of buying new ones. The P3 report did not indicate she had any injuries on her body.
She got worse on November 21, 2014 and visited three hospitals but she unfortunately died the following day due to acute complications related to uncontrolled diabetes.
Nine witnesses testified in the case including her mother who disclosed that her daughter had contacted her through a stranger’s phone known as Camilta Nabwire the day before she died, requesting for some money because she was unwell.
The mother testified that she had sent Ms Nabwire Sh1,000 and advised her to go to Aga Khan. She was transferred to another hospital because her aunt who was to check on her could not afford admission to HDU.