Luxurious yacht owner wants Sh22 million narcotic case dismissed for lack of evidence

The owner of a yacht, MV Baby Iris, that was destroyed while on the waters of the Indian Ocean in 2015, now wants a narcotics case against him dismissed.

Through his lawyer Mark Asembo, Ndechumia Bilali Kimani said the prosecution had several times failed to produce witnesses and exhibits in the case.

Mr Asembo told Senior Principal Magistrate Henry Nyakweba that some government operatives had wrongly ordered that the yacht be blown up instead of having it preserved as a court exhibit.

Asembo argued that the prosecution should withdraw the case against his client because it had also failed to produce enough witnesses.

“The prosecution has no witness or any exhibit to present in court. The yacht was blown up. So the prosecution should withdraw the charges,” said Asembo.

Mr Nyakweba, however, gave the prosecution until February 12, 2019 to produce enough witnesses and exhibits.

“I observe the prosecution has been giving the same excuse about lack of witnesses, I grant you the last adjournment. Ensure that you have all the witnesses and exhibits you need on February 12, 2019,” said Mr Nyakweba.

Bilal who operates his business in Madagascar, was arrested on suspicion that he was a drug baron and later charged in Mombasa with trafficking Sh22 million worth of heroin that allegedly was in the yacht.

The yacht was blown up on presidential orders despite an existing High Court order stopping any interference with it.
Bilal said that he was out of the country on April 10 2015 when the anti-narcotic police stormed Kilifi Boat Yard where the vessel was moored and arrested five suspects on drug charges before destroying the vessel.

Police Superintendent James Ochola who was testifying said that Bilal was not in the scene when the five men were arrested with two kilogrammes of heroin worth Sh6 million concealed in a suitcase.