Missing witness found in Mark Arnold case

The second witness in the case of Mark Arnold, British, who was convicted for 15 years jail by the First Instance Court for killing his South African ex-girlfriend Kerry Winter, 36, is in the country on a new address.

The Dubai Court of Appeal received a reply form the Ministry of Interior’s Dubai Residency and Foreign Affairs Department, stating that Morris Wibros, the company’s Logistic Director who is the second affirmative witness has a new address other than the one in the case’s file.

The Court of Appeal adjourned the case until October 31 for the Dubai Prosecution to summon Wibros to make his testimony before the court.

In the previous hearing, the court asked for the department to specify exactly if the witness Morris Wibros is still in the country on another visa or has he left.

The defence Lawyer Yousuf Hammad, told Emirates 24|7 that this is a good result at least one of two affirmative witnesses would be heard.

“We cannot ignore hearing the testimony of at least one of the affirmative witnesses that had been given value and consideration by the First Instance Court for making its judgment in the case,” he said.

Hammad, in the previous hearing argued that cancelling his visa on February 19, 2009 as per the department’s earlier letter to the court does not mean that Wibros is not in the country. He could be on another visa in the country, said that lawyer asking the court to determine his whereabouts.

The department’s previous letter stated that the first affirmative witness, the company’s driver, Asghar Khan, was proved had left the country on November 11, 2008.

Hammad has insisted on hearing the two affirmative witnesses who were never asked during the courting proceedings as they could not be reached to make testimonies before the court.

Since one of the two is not in the country, the second, if still in the country, should be questioned since the First Instance Court has given high value to their testimonies in its verdict, Hammad told Emirates 24|7.

“The First Instance Court has based on its verdict on the testimonies the two affirmative witnesses made before the prosecution and in which they testified that they have offered the accused services without knowing his intentions of killing his girlfriend. The two should be heard by the court. However, since one of them had left the country, the second one could be still in the country.”

According to the prosecution sheet and the testimony of Morris Wibros, Arnold had asked to buy him a device for tracking people to trace the victim. Wibros ws also aked to buy him a big sack of cloth and water-proof bag in addition to 10 pieces of weight, he testified.

The accused asked hsi company to rent him a car with tinted glass and used it for following the victim. A day before the crime, the accused has asked both Wibros and Asghar Khan, a driver at the company, to go in their cars behind him to wait the victim at the parking lot of Lamcy Plaza and follow the victim from her work place.

“The Court of First Instance has given a great value and weight to the testimonies of these two affirmative witnesses for making its verdict. I find loopholes in their testimonies, and I have the right to argue their testimonies in light of that,” the defence lawyer said.

In a previous hearing the court has turned down a request made by Hussain Al Jaziri, the blood guardian lawyer to refer the case back to the prosecution to include the accusation of hiding the body.

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