, NAIROBI, Kenya, Jun 8 – A Briton has been acquitted over the murder of his Kenyan girlfriend by allegedly flushing her diabetic medication down the toilet three years ago.
Trial judge Hedwig Ongu’di freed 41year old Carl Gary Singleton for the murder of Peris Asheley Agumbi, a fourth year student at the University of Nairobi for lack of evidence.
The two met on Facebook.
According to the judge, the evidence adduced in court against Singleton by nine prosecution witnesses was not sufficient to put him on his defence.
The foreigner who had an intimate relationship with the deceased had denied murdering Agumbi on November 22 at Kihara in Gigiri.
Justice Ongu’di observed that the prosecution having failed to call a woman who the deceased was in constant communication after she was thrown out of the house by the accused after a scuffle “draws an adverse conclusion against the State which knew that her evidence was not going to support her case.”
The judge exonerated Singleton from blame following the deceased’s death saying the flushing of lifesaving medicine by the accused was not the immediate or sole cause of loss of life.
The judge wondered why the UoN student knowing that her life depended on the pills never accessed the same from any medical facility.
Saying it is not in dispute the accused assaulted the deceased, the court however held the act was not the cause of death and neither was is it related.
In conclusion Justice Ongu’di ruled “I find that in this case the element of suspicion was elevated so high making the investigating officer lose track on what evidence he was supposed to avail in court.”
She added “I find the same incredible and therefore incapable of sustaining a conviction. Accordingly, I find him not guilty and acquit him”.
Agumbi died in hospital of diabetic hypertension and respiratory failure days after reporting to police accusing Singleton of flushing her medicine down the toilet.