Australian man on sodomy charge wants case hastened
Mr Ian Castleman when he appeared in court in September 2012 charged with having sex with two men. He now wants the case to be speeded up. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- Mr Ian Castleman, 63, is facing criminal charges for having sex with two men.
- He complained to the court that the prosecution is derailing the matter by failing to start the hearing.
- He accused the DPP and the Attorney-General of allowing selective prosecution.
An Australian man who was four years ago accused of sodomy wants a speedy hearing and determination of the case facing him.
Mr Ian Castleman, 63, is facing criminal charges for having sex with two men.
On Monday, he made a verbal application before the High Court in Nakuru seeking a speedy hearing and determination of the case.
Through his lawyer, Mr Pravin Bowry, Mr Castleman complained to the court that the prosecution is derailing the matter by failing to start the hearing.
“We are concerned that the matter has been pending in court without hearing. The prosecution is dragging the case by failing to [produce] the witness,” said Mr Bowry.
SEDUCED MEN
Mr Castleman, who is a Director of Ian Castleman Orphanage Kenya based in Elburgon within Nakuru County, was arrested on September 12, 2012 and charged in Nairobi with two counts of taking advantage of his position of authority to seduce two men.
The case was later transferred to the Nakuru chief magistrate’s court where he was charged.
On Monday, Mr Bowry argued that it was an old matter which ought to have been concluded.
The lawyer further complained that that his client who is advanced in age is facing a lot of difficulties attending court but with no hearing taking place.
However, the prosecution defended itself saying it is yet to receive the police file from Nairobi in order to go through the facts.
MENTION DATE
Led by Mr Hillary Songoyo, the prosecution asked for another mention date as it waits for the file before the hearing date can be set.
In a bid to quash the charges facing him, the Australian had in 2013 filed an application before the Nakuru High Court seeking to have some sections of the Sexual Offences Act declared unlawful.
In his application Mr Castleman wanted some sections of the Act nullified and homosexuality declared legal in Kenya.
According to his lawyer, the relationship he wanted did not amount to either rape or defilement.
The court heard that his accusers had decided to institute charges against Mr Castleman after he withdrew financial support he had been offering them through his orphanage for years.
He accused the Director of Public Prosecutions and the Attorney-General of allowing selective prosecution.
However, Chief Magistrate Geoffrey Oduor directed that the matter be mentioned on April 25.
The magistrate also directed that the police file be produced on that date and the prosecution be ready for hearing on June 20.
