Rally driver fights back murder charges, says Khan died out of negligence

MAXINE Wahome on Tuesday put up a spirit fight against charges of killing her boyfriend Asad Khan, showing the court that the man died as a result of self-inflicted injuries and negligence on the part of doctors who attended to him while in hospital.

Through lawyer Philip Murgor, Maxine demonstrated to trial judge Justice Lillian Mutende that it was Khan himself who kicked a glass door during their fight at their house in Kileleshwa.

The glass cut his leg on the ankle, causing an injury that would later result in death due to too much bleeding and septicemia (blood poisoning).

Septicemia is a serious and potentially life-threatening bloodstream infection caused by bacteria, viruses, or fungi that spread throughout the body. It causes whole-body inflammation and organ damage with symptoms including rapid heart rate and difficulty in breathing.

While cross-examining investigating officer Diana Angote, Murgor put it to her that Khan died as a result of multiple injuries on the leg and hospital-acquired infections.

Khan and Maxine were fighting before the woman locked herself on their balcony. An angry Khan then kicked the glass door to the balcony to reach her. It is during that kick that the glass cut him causing the injury that would later lead to death.

Diana in her testimony confirmed that Khan had only one injury on the leg and that it was bandaged when she visited him at the Intensive Care Unit at Avenue Hospital in Nairobi.

Murgor told the court that all medical reports showed there were features of septicemia which were left untreated, potentially leading to Khan’s death.

“A cut to the leg is not necessarily fatal. Besides, a doctors from Avenue Hospital testified and admitted here that they never detected septicemia and so never treated it. With that information, do you agree you ought to have done more investigations as to the case of death?”

Diana agreed in her reply, saying the information was not initially with them.

“Now that it has come to our attention, we can still investigate,” she said.

During the hearing, it also emerged that Khan was seriously drunk at the time of the incident. Diana told the court that she found many bottles of alcohol, some empty and some full of whisky.

“You also said you found very many other strange things. Now, because of his intoxication, it is Khan who was beating his girlfriend and got injured, right?

Diana said yes, and confirmed that Maxine was not drunk when she visited the house moments after the incident.

Murgor also alluded to the medical report from Nairobi Hospital where Khan was initially rushed which showed very high levels of alcohol in his blood.

All tests conducted on samples retrieved from the scene including debris from the glass door did not incriminate Maxine with Diana saying the decision to charge her with murder was based on initial reports made to police.

Maxine had initially been charged with assaulting Khan and causing him grievous harm, charges which were later elevated to murder following Khan’s death on December 18.

Hearing continues on Wednesday.