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| The defence lawyers in court |
On Monday, the High court, which is trying the 13 men accused of having masterminded the Kampala twin bombings of July 11, 2010, got heated up when Kenyan police officer Paul Maingo contradicted his evidence under cross-examination by defence lawyers led by Caleb Alaka.
Maingo had earlier told Justice Alfonse Owiny-Dollo’s court that $35,990 (about Shs 138.8m), which allegedly financed the plot to bomb Kampala, was wired from UK by one Omar Aziz Omar to suspect Omar Awadh Omar who was in Kenya.
But during cross-examination, Maingo failed to prove that indeed Omar Awadh Omar was the recipient of the money. SIRAJE LUBWAMA and DERRICK KIYONGA recorded the proceedings and below are excerpts:
Clerk: Uganda Vs Hassan Hussein Agade and 12 others.
Alaka: For the record, I am Caleb Alaka, the defence lead counsel. My lord, we are ready to cross examine the witness. Mr Paul Maingo, let’s start with your self-recorded statement. You said you received information in May 2010 that Omar Awadh Omar was hosting suspicious people at his residence and that when you went there to check, you recovered a lot of military fatigues which included military uniforms, military bags and boots. Is it a crime in Kenya for a civilian to be found with such military fatigues?
Clerk: Uganda Vs Hassan Hussein Agade and 12 others.
Alaka: For the record, I am Caleb Alaka, the defence lead counsel. My lord, we are ready to cross examine the witness. Mr Paul Maingo, let’s start with your self-recorded statement. You said you received information in May 2010 that Omar Awadh Omar was hosting suspicious people at his residence and that when you went there to check, you recovered a lot of military fatigues which included military uniforms, military bags and boots. Is it a crime in Kenya for a civilian to be found with such military fatigues?
Maingo: It is a criminal offence.
Alaka: Why is it a crime?
Maingo: I don’t know.
Judge: [Shocked] You don’t know why it’s a crime? Can you imagine if everybody is allowed to put on military fatigue what would happen?
Alaka: Has Omar Awadh Omar ever been in the Kenyan military?
Maingo: I don’t know.
Alaka: Omar Awadh Omar was arrested, interrogated and was released. Is that true?
Maingo: That is true.
Judge: Why didn’t you tell court why he was released?
Maingo: A file was opened and it was sent to the DPP [Director of Public Prosecutions] who advised that he should be released.
Alaka: Is that in your statement?
Maingo: No.
Alaka: Are you sure about that? Look at your statement; is it true you interviewed Hassan Hussein Agade [the accused]?
Maingo: Yes and he confessed that he was involved in the [bomb] attack in Kampala. He also said Omar Awadh Omar was involved in the planning of the attack. He said he had saved Omar’s line in his phone as ‘Boss.’ He also said that he used to get money from the Boss [Omar Awadh Omar].
Alaka: Why is it a crime?
Maingo: I don’t know.
Judge: [Shocked] You don’t know why it’s a crime? Can you imagine if everybody is allowed to put on military fatigue what would happen?
Alaka: Has Omar Awadh Omar ever been in the Kenyan military?
Maingo: I don’t know.
Alaka: Omar Awadh Omar was arrested, interrogated and was released. Is that true?
Maingo: That is true.
Judge: Why didn’t you tell court why he was released?
Maingo: A file was opened and it was sent to the DPP [Director of Public Prosecutions] who advised that he should be released.
Alaka: Is that in your statement?
Maingo: No.
Alaka: Are you sure about that? Look at your statement; is it true you interviewed Hassan Hussein Agade [the accused]?
Maingo: Yes and he confessed that he was involved in the [bomb] attack in Kampala. He also said Omar Awadh Omar was involved in the planning of the attack. He said he had saved Omar’s line in his phone as ‘Boss.’ He also said that he used to get money from the Boss [Omar Awadh Omar].
Alaka: When you were interviewing Hassan Hussein Agade, what was your rank?
Maingo: Superintendent of Police.
Alaka: As superintendent of police, when you get a suspect of that nature, what do you do?
Maingo: I give instructions to a junior officer to record a statement.
Alaka: Did you give an order?
Maingo: Yes, I did.
Judge: Yesterday you told me you interviewed him personally.
Maingo: I was in a group of other police officers.
Alaka: Did you take a confession statement of Hassan Hussein Agade?
Maingo: He confessed verbally.
Alaka: Did you take a confession statement of Hassan Hussein Agade?
Maingo: I did not.
Alaka: Do you have anything to show court that Agade confessed?
Judge: If someone says I am the one who killed that person, what does the law say?
Maingo: He makes a confession.
Maingo: Superintendent of Police.
Alaka: As superintendent of police, when you get a suspect of that nature, what do you do?
Maingo: I give instructions to a junior officer to record a statement.
Alaka: Did you give an order?
Maingo: Yes, I did.
Judge: Yesterday you told me you interviewed him personally.
Maingo: I was in a group of other police officers.
Alaka: Did you take a confession statement of Hassan Hussein Agade?
Maingo: He confessed verbally.
Alaka: Did you take a confession statement of Hassan Hussein Agade?
Maingo: I did not.
Alaka: Do you have anything to show court that Agade confessed?
Judge: If someone says I am the one who killed that person, what does the law say?
Maingo: He makes a confession.
Alaka: According to Kenyan law, a police officer who records a confession statement is supposed to be at what rank?
Maingo: Inspector of police.
Alaka: Is Superintendent of Police above the rank of Inspector of Police?
Maingo: Yes.
Alaka: Did you record one [confession statement]?
Maingo: No, I didn’t know who recorded it but what I remember is a confession was recorded.
Alaka: Did you see one [recorded statement]?
Judge: And this is a senior police officer [Maingo] who knows the procedure. If there is no confession, there is supposed to be a charge and caution statement; there seem to be none.
Alaka: Let’s go to the money as per your statement. Were you there when Ali Musa collected the said US$ 35,990 that allegedly facilitated the Kampala terror activities?
Maingo: No.
Alaka: Did the Qaran forex bureau manager tell you if it was Omar Awadh Omar or Ali who collected the money?
Maingo: No.
Maingo: Inspector of police.
Alaka: Is Superintendent of Police above the rank of Inspector of Police?
Maingo: Yes.
Alaka: Did you record one [confession statement]?
Maingo: No, I didn’t know who recorded it but what I remember is a confession was recorded.
Alaka: Did you see one [recorded statement]?
Judge: And this is a senior police officer [Maingo] who knows the procedure. If there is no confession, there is supposed to be a charge and caution statement; there seem to be none.
Alaka: Let’s go to the money as per your statement. Were you there when Ali Musa collected the said US$ 35,990 that allegedly facilitated the Kampala terror activities?
Maingo: No.
Alaka: Did the Qaran forex bureau manager tell you if it was Omar Awadh Omar or Ali who collected the money?
Maingo: No.
Alaka: You received that information in July 2011?
Maingo: In my statement, I indicated July but it was June.
Alaka: You made this statement in September 2011. So, after five years, you now recall it is not July but June?
Maingo: The $35,990 was sent from UK by Omar Aziz Omar to finance terror activities. [Laughter in court]
Alaka: Where did you get information that this money was in US dollars?
Maingo: From the manager of Qaran Express forex bureau.
Alaka: Does that document [printout for Qaran forex bureau] talk about the kind of currency?
Maingo: No.
Alaka: A person reading that printout cannot know that it was in US dollars.
Maingo: I put it in my statement that the money was in US dollars.
Alaka: Does your statement say Mohammad Mogi, the manager of Qaran forex bureau, wired this money on different days till June 2010 in US dollars?
Maingo: I interviewed Mogi.
Alaka: Did he tell you that the money was in US dollars or does the printout show that this money was either in pound sterling or in US dollars or is it indicated in you self-recorded statement?
Maingo: In my statement, I indicated July but it was June.
Alaka: You made this statement in September 2011. So, after five years, you now recall it is not July but June?
Maingo: The $35,990 was sent from UK by Omar Aziz Omar to finance terror activities. [Laughter in court]
Alaka: Where did you get information that this money was in US dollars?
Maingo: From the manager of Qaran Express forex bureau.
Alaka: Does that document [printout for Qaran forex bureau] talk about the kind of currency?
Maingo: No.
Alaka: A person reading that printout cannot know that it was in US dollars.
Maingo: I put it in my statement that the money was in US dollars.
Alaka: Does your statement say Mohammad Mogi, the manager of Qaran forex bureau, wired this money on different days till June 2010 in US dollars?
Maingo: I interviewed Mogi.
Alaka: Did he tell you that the money was in US dollars or does the printout show that this money was either in pound sterling or in US dollars or is it indicated in you self-recorded statement?
Maingo: It is not there.
Alaka: Did you establish that any of that money was used to assemble devices which were used to bomb Kampala?
Maingo: I attended the interview but I did not know whether the money from Omar Awadh Omar was used for devices which were used to bomb Kampala.
Alaka: Did you make further analysis whether this money left the forex bureau?
Maingo: There is no such indication.
Alaka: Did you establish whether any of this money was used to pay suicide bombers?
Maingo: No.
Alaka: Did you get bank statements for any of the accused persons?
Maingo: No.
Alaka: Did you establish whether any of the money was sent to Kampala by Omar Awadh Omar?
Maingo: I did not.
Alaka: You did analysis and found out that Safaricom line No. 0727-555-555 was registered in Omar’s names. Did you find out in your analysis whether it had M-Pesa transactions?
Maingo: No, I didn’t.
Alaka: Was it not important to analyse?
Alaka: Did you establish that any of that money was used to assemble devices which were used to bomb Kampala?
Maingo: I attended the interview but I did not know whether the money from Omar Awadh Omar was used for devices which were used to bomb Kampala.
Alaka: Did you make further analysis whether this money left the forex bureau?
Maingo: There is no such indication.
Alaka: Did you establish whether any of this money was used to pay suicide bombers?
Maingo: No.
Alaka: Did you get bank statements for any of the accused persons?
Maingo: No.
Alaka: Did you establish whether any of the money was sent to Kampala by Omar Awadh Omar?
Maingo: I did not.
Alaka: You did analysis and found out that Safaricom line No. 0727-555-555 was registered in Omar’s names. Did you find out in your analysis whether it had M-Pesa transactions?
Maingo: No, I didn’t.
Alaka: Was it not important to analyse?
Maingo: To me, it was not important.
Alaka: What is M-Pesa?
Maingo: Sending or receiving money by phone.
Alaka: Did you find out what work Omar Awadh was doing?
Maingo: No.
Alaka: Did you interview Isa Luyima [accused] or any of the accused persons?
Maingo: No.
Alaka: Did you indicate the amount of money Hassan Hussein Agade used to receive?
Maingo: No.
Alaka: Did you analyse Hassan Hussein Agade’s CDR [Call Data Record]?
Maingo: I did not.
Alaka: Did you establish whether the mobile number ending with 555 used to call Omar Awadh Omar the boss?
Maingo: No.
Alaka: Look at the printout of Qaran Express bureau; does it bear a date it was printed?
Maingo: It is not indicated on the printout but it was printed on 4th July 2011.
Alaka: Does the printout bear the name of the person who printed it?
Alaka: What is M-Pesa?
Maingo: Sending or receiving money by phone.
Alaka: Did you find out what work Omar Awadh was doing?
Maingo: No.
Alaka: Did you interview Isa Luyima [accused] or any of the accused persons?
Maingo: No.
Alaka: Did you indicate the amount of money Hassan Hussein Agade used to receive?
Maingo: No.
Alaka: Did you analyse Hassan Hussein Agade’s CDR [Call Data Record]?
Maingo: I did not.
Alaka: Did you establish whether the mobile number ending with 555 used to call Omar Awadh Omar the boss?
Maingo: No.
Alaka: Look at the printout of Qaran Express bureau; does it bear a date it was printed?
Maingo: It is not indicated on the printout but it was printed on 4th July 2011.
Alaka: Does the printout bear the name of the person who printed it?
Maingo: It doesn’t but it indicates Mohammed Mogi as a payee.
Alaka: Does the document indicate how money was transacted?
Maingo: It indicated phone number 0727-555-555 as the contact number.
Alaka: Does it show that the money was paid to Omar Awadh Omar?
Maingo: It does not indicate.
Alaka: Did you get the mobile number of Qaran express forex bureau’s Mohammed Mogi?
Maingo: It is in my notebook.
Alaka: Did you make any analysis as to whether there was a phone contact between Mogi and Omar Awadh Omar?
Maingo: No, I didn’t.
Alaka: Is Mogi a Kenyan name?
Maingo: I don’t know.
Alaka: In the whole of Kenya, is there any name called Musa Dhere?
Maingo: I don’t know.
Alaka: Is Musa Dhere’s phone number or photograph reprinted in that printout?
Alaka: Does the document indicate how money was transacted?
Maingo: It indicated phone number 0727-555-555 as the contact number.
Alaka: Does it show that the money was paid to Omar Awadh Omar?
Maingo: It does not indicate.
Alaka: Did you get the mobile number of Qaran express forex bureau’s Mohammed Mogi?
Maingo: It is in my notebook.
Alaka: Did you make any analysis as to whether there was a phone contact between Mogi and Omar Awadh Omar?
Maingo: No, I didn’t.
Alaka: Is Mogi a Kenyan name?
Maingo: I don’t know.
Alaka: In the whole of Kenya, is there any name called Musa Dhere?
Maingo: I don’t know.
Alaka: Is Musa Dhere’s phone number or photograph reprinted in that printout?
Maingo: No, my lord.
Alaka: Do you know the meaning of the word Dhere?
Maingo: I don’t know.
Alaka: Is it a Kenyan name?
Maingo: I don’t know.
Alaka: Did the Qaran [forex bureau] manager record Dhere’s identity card?
Maingo: No, he did not.
Alaka: You talked of a transaction from 15th November 2009, 11th December 2009 and 4th June 2010; does it indicate who paid the money?
Maingo: It does not indicate the payee.
Alaka: Is a person called Faisal you talk about indicated in the printout?
Maingo: No, my lord.
Alaka: Does the death of Musa Dhere, whom you claim was shot in Somalia, appear in your document?
Maingo: No, it is not there.
Alaka: Do you know the meaning of the word Dhere?
Maingo: I don’t know.
Alaka: Is it a Kenyan name?
Maingo: I don’t know.
Alaka: Did the Qaran [forex bureau] manager record Dhere’s identity card?
Maingo: No, he did not.
Alaka: You talked of a transaction from 15th November 2009, 11th December 2009 and 4th June 2010; does it indicate who paid the money?
Maingo: It does not indicate the payee.
Alaka: Is a person called Faisal you talk about indicated in the printout?
Maingo: No, my lord.
Alaka: Does the death of Musa Dhere, whom you claim was shot in Somalia, appear in your document?
Maingo: No, it is not there.
Alaka: Is it indicated anywhere that Mohammed Hamid or someone else took money on behalf of Omar Awadh Omar?
Maingo: No, it does not show.
Alaka: Are you sure Omar Awadh Omar was arrested from Uganda?
Maingo: I was informed.
Alaka: Has [the] Kenyan government ever requested the extradition of Omar Aziz Omar from UK?
Maingo: No.
Alaka: Did you or Corporal Jackson Chacha of Kenya anti-terrorism police establish the relationship between the mobile number ending with 555 and the UK telephone numbers?
Maingo: None of us established.
Alaka: There is evidence that there were other numbers from UK that were in contact with a telephone number that ends with 555.
Maingo: I don’t know.
Alaka: You linked Omar Awadh Omar to Ali Musa just because of the telephone communications on mobile number 0727-555-555?
Maingo: Yes.
Alaka: No further questions. Read more
Maingo: No, it does not show.
Alaka: Are you sure Omar Awadh Omar was arrested from Uganda?
Maingo: I was informed.
Alaka: Has [the] Kenyan government ever requested the extradition of Omar Aziz Omar from UK?
Maingo: No.
Alaka: Did you or Corporal Jackson Chacha of Kenya anti-terrorism police establish the relationship between the mobile number ending with 555 and the UK telephone numbers?
Maingo: None of us established.
Alaka: There is evidence that there were other numbers from UK that were in contact with a telephone number that ends with 555.
Maingo: I don’t know.
Alaka: You linked Omar Awadh Omar to Ali Musa just because of the telephone communications on mobile number 0727-555-555?
Maingo: Yes.
Alaka: No further questions. Read more
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