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The High Court ruled that the rally driver had no case to answer due to lack of sufficient evidence following the death of her boyfriend in 2022.
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The High Court has acquitted rally driver Maxine Wahome in the murder case of her boyfriend and fellow motorsport competitor, Asad Khan.

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The judge ruled that the prosecution failed to present sufficient evidence to require Wahome to mount a defence.

In her ruling on Tuesday, Justice Lilian Mutende determined that the evidence brought forth by the prosecution did not adequately link Wahome to the injuries that led to Khan's death. "Having considered all the evidence before the court, the case presented by the prosecution has failed to establish a prima facie case," the judge stated as quoted by The Star.

The decision followed the prosecution's case, which involved testimony from 29 witnesses. The state had argued that Wahome was responsible for Khan's fatal injuries, relying heavily on circumstantial evidence, as the two were the only people present in the house during the incident.

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Wahome had consistently denied the murder charge, maintaining that Khan was injured during a heated argument between them. The court heard that witnesses who arrived at the scene heard a commotion and Khan telling Wahome to leave, but none saw how he sustained his injuries.

Evidence Not Enough to Link Wahome

A crime scene officer testified that bloodstains were found on the stairs and on broken glass from a door, which was identified as the only object at the scene likely to have caused the injuries. Other items, including a penknife, had no blood on them. The officer also noted a lack of significant disturbance in the bedroom.

In her statement to investigators, Wahome explained that she had locked herself on a balcony after Khan tried to assault her during an argument. She claimed he then struck the door in an attempt to get to her, shattering the glass and injuring himself.

While the prosecution contested her version of events, the investigating officer conceded there was no conclusive evidence proving Wahome caused the injuries. Medical testimony also introduced doubt, with a doctor suggesting some of Khan's injuries could have been from a fall down the stairs.

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The court also examined the couple's relationship, including WhatsApp messages showing Khan repeatedly contacting Wahome while she was out, questioning her whereabouts. Witnesses also testified about alleged conflict, with one describing Khan as having a history of violence in relationships.

The prosecution pointed to Wahome's behaviour after the incident, noting she did not visit Khan in the hospital or attend his funeral. However, the judge ruled that this conduct alone could not establish guilt, observing that fear or discomfort could explain her actions as she was a suspect from the beginning.

Justice Mutende emphasised the high standard required for convictions based on circumstantial evidence, stating that it must exclude all other reasonable explanations. Finding that the prosecution's case did not meet this threshold, she acquitted Wahome, concluding the legal proceedings that began after Khan's death on December 18, 2022.

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