Maxine Wahome seeks acquittal as prosecution closes case in Assad Khan murder trial
The court will now consider the defence and prosecution’s final submissions before deciding whether Maxine Wahome faces trial or can be acquitted.
Rally driver Maxine Wahome is seeking to be cleared of all charges in the murder case involving her boyfriend and colleague, Assad Khan, after the prosecution concluded presenting its evidence.
Her lawyer, Philip Murgor, informed Judge Lillian Mutende that Maxine would make submissions for no case to answer.
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The move comes after investigating officer Diana Angote, the prosecution’s 29th witness, completed her testimony on Tuesday and faced two days of cross-examination.
Prosecutor Sarah Ogweno announced the closure of the prosecution’s case, after which the court directed both parties to submit their final arguments within a month before setting a ruling on whether the accused has a case to answer.
Murgor raised concerns that the murder charge was influenced by pressure from Assad’s family.
“She was initially charged with causing grievous harm, which was changed to murder after Assad died,” Angote said during cross-examination and re-examination.
She denied the defence claim that Assad’s death could have resulted from hospital-acquired infections, stating that all medical findings, including post-mortem results, did not support this.
The incident occurred at their home in Preston Apartment, Kileleshwa, when the couple argued, and Maxine locked herself on the balcony.
Assad reportedly kicked the glass balcony door in an attempt to reach her, sustaining a cut in the process. Medical reports indicated that the wound became infected, leading to blood poisoning that contributed to his death.
Murgor highlighted aspects of septicemia in the medical reports that went untreated, which he argued could have led 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,” he told the court.
Angote initially testified during cross-examination that Assad was drunk at the time, but later clarified in re-examination that she could not confirm his state.
Prosecutor Ogweno cited hospital records showing traces of narcotics and excessive alcohol in Assad’s blood, suggesting he had consumed an entire bottle of whisky while at home.
The court will now consider the defence and prosecution’s final submissions before deciding whether Maxine Wahome faces trial or can be acquitted.
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