The DPP has been given 15 days to file a report in a court on the findings of the investigations into the death of Asad Khan before it can close the miscellaneous file against rally driver Maxine Wahome.
Senior principal magistrate Benard Ochoi has declined to withdraw the miscellaneous application as had been asked by the investigating officer
Ochoi ruled that it will be unfair to Maxine if the matter is withdrawn without the investigating officer telling the court their findings.
"This court must be informed by the findings of the investigations it will be unfair for the MSc application to be closed without the respondent being informed about the results that were being conducted against her," Ochoi said.
“It would be an abuse of court process if the file is closed without the findings no matter what kind of investigations were being conducted."
He further ruled that the investigations officer has obligation to inform this court of the findings
He said that’s the court procedure and they need to say what they intend to do to the person whom they sought to be detained pending investigations.
“I give the DPP and the investigating officer 15 days to file a report of the findings and how they wish to proceed with the case,” he ruled.
Khan’s lawyers had opposed the withdrawal of the matter until the state tells them what they intend to do with the file
The investigating officer had told the court that they were through with investigations and wanted to close the file since they had forwarded it to the DPP for advice.
Ochoi has further ordered the release of the house that Asad shared with Maxine to the landlord
Maxine was arrested in December last year for alleged assault on Asad who was her boyfriend but later he passed on due to injuries he sustained.
The police then said they were investigating the matter with the aim of charging Maxine with murder but they closed the file without giving court findings.
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