Damaru, Gitua, Nale seek to stay proceeding

Lawyers representing the heads of the National Fraud and Anti-Corruption Directorate returned to court on Monday (Nov 02) seeking to stay a Criminal Court proceeding at the District Court against Matthew Damaru.

Greg Egan, Counsel acting for of the National Fraud and Anti-Corruption Directorate Director Matthew Damaru, his assistant Timothy Gitua and their lawyer McRonald Nale returned to the National Court where the hearing took place before Justice Ere Kariko.

The National Court on October 14 issued temporary restraining orders against Police commissioner Gari Baki and Inspector Jacob Ivaroa of the Special Police Internal Investigation team from conducting any investigations against Damaru, Gitua and Nale.

It also ordered that the District Court proceeding (NCC No.905-907 of 2015) seeking the warrant of arrest for Damaru, Gitua and their lawyer McRonald Nale of Jema lawyers , stayed until the National Court determines a statement in Damaru’s affidavit in Baki’s contempt of court proceeding

On October 12, Damaru was arrested and charged with one count of lying under oath.

He was questioned and charged for lying under oath over certain facts contained in an affidavit he swore to in a contempt of court proceeding (OS 438 of 2015) against Commissioner Baki.

This ‘attempts to side step Damaru’ comes after the Special Police Internal Investigation team failed to obtain a warrant of arrest for Damaru, Gitua and their lawyer Nale from Jema lawyers.

The three are accused of perjury which falls under section 121 s (7) of the Criminal Code, an allegation that requires a warrant of arrest.

They returned to court yesterday seeking to stay Damaru’s Criminal proceeding at the District Court where he was charged under section 197 of the Criminal Code.

 Egan said failed attempts to get arrest warrants for his clients then later arresting and charging Damaru under a section of the Criminal code that doesn’t require a warrant are ‘attempts to sidestep Damaru’ and are ‘ingredients of bad faith’.

He said the actions of Commissioner Baki and Inspector Ivaroa in investigating Damaru on his own affidavit in a Contempt proceeding against Baki is an abuse of court processes.

Counsel for Commissioner Baki, Ian Molly said for even a stay to he granted by the court, it must show that the plaintiff will suffer natural prejudice.

He said the Courts have said time and time again that civil proceedings should not stop or interfere with Criminal proceedings and the stay orders issued on October 14 is a “matter of stopping police carrying out investigations”.

Egan however said the Courts are trying to decide the same facts in different proceedings, and if the Criminal charge at the District Court is allowed to continue, there will be two different findings of the Courts.

Justice Ere Kariko made a ruling on the application for permanent stay on a later date.

Meanwhile the stay issued against Commissioner Baki on October 14 is extended until further orders of the court.

Sally Pokiton