Lawyer Philip Murgor on Friday was a happy man following the latest decision by DPP Noordin Haji.
Murgor, together with Sarah Wairimu, the main suspect in the murder of Dutch billionaire Tob Cohen, received a timely boost ahead of the ongoing murder case.
Haji formally revoked the appointment of the legal representative as a public prosecutor, which meant Murgor could fully proceed with representing the main suspect in the brutal murder of the tycoon.
The stern-faced lawyer had suffered a setback in October 2019 during one of the hearings where the prosecution argued over his representation of Sarah.
Murgor, on his part, defended himself that he had already requested for the termination from the position, before deciding to act on behalf of the suspect.
He asserted that he handed in his resignation letter in March, two months after being handed the job.
“When a person resigns that’s the end of everything including the gazette notice. I will not read contents of the resignation out of respect for Noordin Haji,” stated the legal officer.
The legal practitioner’s sentiments were echoed by Justice Stella Mutuku who gave him the green light as they awaited formal communication from Haji’s office.
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“The letter of resignation was accepted and receipt of the same acknowledged. He has also been attending to other court matters,” Mutuku noted.
She further pointed out that, “My view is that no person should be forced to remain on office once they have chosen to resign from that office. The publication of the gazette notice is meant to inform the public and has no bearing on the resignation.”
According to Cohen’s family lawyer Cliff Ombeta, Murgor’s old position was a liability in the case due to it being a matter of conflict of interest.
Ombeta’s argument was however quashed by Catherine Mwaniki, Senior Assistant Director of Public Prosecutions, who notified the court that the de-gazettement process was still being undertaken.
Mwaniki insisted that the popular lawyer had attended several other cases where he was not required to resign in order to proceed.