Obado murder trial: Witness’ P3 form filled a year after abduction

A P3 form for an injured man who witnessed the abduction of Migori Governor Okoth Obado’s lover Sharon Otieno was filled by doctors almost a year after the incident, a prosecution witness told the High Court yesterday.

The court also heard how five police officers and a clinical officer saved the man after he escaped from the abductors on the night of September 3, 2018.

But Harun Diero, the clinical officer, was taken to task by defence lawyers to explain why the P3 form, a police document that acts as evidence that a violent act had occurred, was not filled at the time of the medical examination and in the absence of the patient.

The document is used to request medical examination by a government medical officer to determine the nature and extent of the bodily injury suffered by a complainant in assault cases.

Justice Cecilia Githua heard that the details were recorded in the P3 form on August 15, 2019 – some 11 months after the alleged abduction that happened on September 3, 2018 in Rongo town Migori.

The man, whose identity has been withheld following a court’s instruction to protect his security, was treated at Kendu Bay Sub-County Hospital under the security of five armed police officers.

He had suffered serious injuries on his knees and palms after escaping from the abductors by jumping from their speeding car.

Mr Diero was testifying in a case where Governor Obado, his personal assistant Michael Oyamo and county government clerk Casper Obiero are charged with murder of the university student and her unborn baby.

After the abduction, Ms Otieno was later found murdered and her body dumped in the Kodera Forest in neighbouring Homa Bay County. She was a second-year student at Rongo University College.

Dr Diero testified that at the hospital the patient appeared sombre, stressed, shaken and not under the influence of alcohol. The patient told medics that he had escaped from the abductors by jumping from a speeding car.

He and Ms Otieno had allegedly been lured to the kidnappers by Governor Obado’s personal assistant Mr Oyamo, and when he jumped out of the car, it was being driven at speeds of between 80km and 100km per hour, the court heard.

A confrontation ensued inside the car after the abductors started struggling with the two victims.

The court also heard that the man, in his report to the police, said they had been abducted by unknown people.

“On September 3, 2018 I was working the night shift. The patient was brought to the hospital and said he had been abducted. He was bleeding on his palms and hands. I examined him and gave him a tetanus injection,” said Dr Diero.

The doctor’s findings were that the injuries were caused by a brunt object. The patient had no wounds on the elbows but his trousers were torn in the knee area. The doctor did not advise him to seek further treatment elsewhere, the court heard.

However, the doctor filled out the police P3 form 11 months later and in the absence of the patient, although the document requires the patient to be at the site.

By that time, the suspects – Mr Obado, Mr Oyamo and Mr Obiero – had been arraigned and charged with the murder.

“During examination, the wounds were 11 months old. I did not have the patient at the site and I relied on the history in the clinical booklet to fill the P3 form,” the witness said.

Asked why he filled the medical document without the patient at the site, Dr Diero said police investigators had told him that the man was in the witness protection programme.

Two other prosecution witnesses, police constables Ole Tuwai Birigen and Loimen Leselen, told the court that after receiving treatment, the patient narrated to the Kendu Bay police station commander. the late George Kabii, about the incident.

At the police car, he told police his name and his place of work.

The hearing continues on March 7.

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