Maxine seeks acquittal in Assad’s murder case

Maxine Wahome, the rally driver charged with the murder of colleague and boyfriend Assad Khan, is seeking to be cleared of all the charges even as the prosecution closed its case against her.

Maxine’s lawyer Philip Murgor told trial judge Lillian Mutende that his client would be making submissions for no case to answer.

The application followed the close of the prosecution’s case after investigating officer Diana Angote concluded her testimony and cross-examination.

Angote, who was the prosecution’s 29^th witness, testified for the whole of Tuesday and was cross –examined for two days before prosecutor Sarah Ogweno announced the end of her case.

The court has given both parties a month to make their final submissions before a date is set for a ruling on whether Maxine has a case to answer or not.

Murgor had earlier suggested there was pressure from Assad’s family for Maxine to be charged with murder and the investigating officer did little to rebut the claim, admitting that Maxine was charged with murder because Assad had died.

“She was initially charged with causing grievous harm, which was changed to murder after Assad died,” Angote said during cross-examination and even during re-exam.

She however denied that Assad could have died as a result of “hospital-acquired” infections as had been alluded to by the defence, saying all medical reports including the post-mortem analysis did not indicate as such.

Assad and Maxine were fighting at the home on Preston Apartment in Kileleshwa before the woman locked herself on their balcony. An angry Assad reportedly kicked the glass door to the balcony in an attempt to reach her.

It is through that kick that he sustained the injury following a glass cut.

Doctors' report shows the wound got infected, leading to blood poisoning that resulted in Assad’s death.

Murgor, while alluding to the medical reports, said there were features of septicemia which was left untreated, potentially leading to Assad’s death.

“A cut to the leg is not necessarily fatal. All evidence from your investigation shows that the deceased kicked the glass and got cut. So, he injured himself,” Murgor said.

While Angote had admitted during Murgor’s cross-examination that Assad was drunk at the time of the incident, she recanted that evidence during re-examination, telling the court that she could not tell if he was drunk.

Prosecutor Ogweno put it to her that hospital reports had allegedly showed traces of narcotics and too much alcohol in Assad’s blood and that he was very drunk, having consumed a whole bottle of whisky in the house.

“I could not tell if he was drunk. He was not alone in the house. I did not know he had taken narcotics,” Angote said.