Court frees Iranians jailed for terror plot

Iranians Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi, who are serving life sentences for being found with explosives. They have been freed after an appeal. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

Two Iranians who were jailed for 15 years in 2013 over terror related charges on Friday secured their freedom after the Court of Appeal ruled that there was no sufficient evidence to link them to the bomb making material recovered in 2012.

The High Court had found Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi, guilty of concealing 15 kilogrammes of bomb making material in the country.

WEAK

On Friday, however, Appellate Judges Kihara Kariuki, Kathurima M’inoti and Agnes Murgor held that the circumstantial evidence relied on by both the High Court, and Magistrate Court, was so weak that it did not point to them as the only persons who could have placed the bomb making material, RDX, at the Mombasa Golf Course where it was found.

The court observed that the golf course was not fenced or guarded and it was possible for any member of the public to have entered it and place the RDX where it was found.

The judges also directed that the two be set free forthwith, but also that upon being set free, “Mr Abolfathi and Mr Mansour shall forthwith be repatriated back to their country.”

ARREST

In the appellate court judgment, the judges further observed that the two Iranians have been in custody from the date of their arrest on June 19, 2012.

According to the law, the High Court was supposed to take into account the period that they had spent in custody before they were sentenced.

“Although the learned judge of the High Court stated that he had taken into account the period Mr Abolfathi and Mr Mansour had been in custody, he ordered that their sentence shall take effect from the date of their conviction by the trial court,” appellate court judges.

According to the prosecution, RDX is a secondary explosive. It cannot explode on its own but requires a stimulus consisting of some energy in form of mechanical heat or flame or friction for it to set off.

It has a very high degree of stability in storage and is considered as one of the most powerful military explosives.