DJ Evolve Didn't Record Witness Statement, Magistrate Discloses In Long Awaited Judgement

• The magistrate, while reading the judgement, said that the prosecution did not have Felix Orinda aka DJ Evolve's witness statement
• He questioned the circumstances that could have led the investigating officer to miss such an important piece of testimony in his probe
• DJ Evolve ended up testifying in court, where he said that he did not see Babu Owino drawing a gun and firing at him at B-Club, where the incident happened on January 17, 2020

A long-awaited judgement in a firearm misuse case involving Embakasi East MP Paul Ongili alias Babu Owino and Felix Orinda Odhiambo alias DJ Evolve has ignited mixed reactions.

Babu Owino acquittal

On Tuesday, August 29, Senior Principal Magistrate Bernard Ochoi acquitted Owino on grounds that the prosecution failed to prove its case beyond reasonable.

The legislator was accused of behaving in a disorderly way while handling a firearm in a January 17, 2020 that left DJ Evolve seriously injured to the extent that he is yet to regain his mobility.

While reading the judgement that culminated in the release of Babu Owino, Ochoi called out the prosecution and investigating officers for conducting shoddy investigations.

The magistrate observed that the Investigating Officer (IO), specifically, failed to collect core evidence in a manner that raises a lot of questions on whether it was an oversight or deliberate negligence.

Babu Owino's witnesses

He disclosed that the prosecution failed to present a witness statement from DJ Evolve who was injured during the incident of alleged firearm mishandling.

This is despite the prosecution presenting 10 witnesses against Babu Owino's four witnesses.

Ordinarily, the court expected that DJ Evolve would be the Prosecution Witness 1 (PW1) for the State in the criminal case against the vocal politician who openly committed to taking care of the entertainer's healthcare needs and personal upkeep.

"The prosecution did not record a statement of the victim. Surprisingly DJ Evolve was not PW1. The Investigating Officer told the court that he did not record a statement from the victim," the magistrate stated.

DJ Evolve's Witness Statement

He wondered why and how an investigating officer failed to record such an important statement in his investigations.

"One wonders whether it was deliberate or a case of negligence. The evidence produced was scanty and the ballistic expert further admitted that the cartridge case and bullet head presented as evidence did not match," the magistrate observed.

DJ Evolve testified in court when the magistrate ruled that the MP had a case to answer, with the entertainer saying that he did not see Babu Owino shooting him.

The verdict, though, looked to be a victory for Babu; the MP maintained a calm attitude outside the courtroom in a session that saw his lawyer, Duncan Okatch pray for him.

He said that his victory will come when DJ Evolve can stand and walk again.

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