Kenya Bishops Press Statement

[anb-bia <anb-bia at village.uunet.be>]

Please find here the Kenya Bishops Press Statement, dated of 27 April 2001
Thanks to the CISA (Kenya)
Paolo
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KENYA EPISCOPAL CONFERENCE

PRESS STATEMENT

Friday, April 27, 2001

INTRODUCTION

The Catholic Bishops of Kenya have considered with expert advice, the 
F.B.I.'s 'Final Report' on the death of Fr. John Anthony Kaiser.  We wish 
to state, first of all, that this Report cannot in law give final 
conclusions.  It is reserved to a court, according to the Laws of Kenya, to 
make a finding on the cause of death after an inquest.  Consequently, we 
now ask for an inquest into the death of Fr. Kaiser when all witnesses can 
be examined and cross-examined.  Turning to the report itself, among many 
reasons for concern and many unanswered questions are:-

1.      Unprofessional and selective scene of crime evidence
a)      Blurred photographs;
b)      No explanation of finger prints which were found on the car and not 
found on the gun;
c)      No mention of the blood found on the pick-up and on the axe found 
in it;
d)      Were all witnesses interviewed?  who were interviewed? and what 
certainty can be ascribed to their evidence?;
e)      Where is the evidence that Fr. Kaiser was shot by his own gun?  No 
ballistic report was presented.

2.      Postmortem
a)      Why did the F.B.I. ignore three out of four Doctors present at the 
examination of the corpse?;
b)      It would appear in order to support the suicide proposition, that 
Fr. Kaiser involved himself in rather difficult contortions while in the 
process of killing himself.  (see Report of Dr. Di Maio's comments)
c)      Dr. Di Maio is quoted extensively and his qualifications are given 
in detail, yet he states the following:-

"Based on the materials you supplied me, I would conclude that if this case 
occurred in my jurisdiction, I would classify it as a self-inflicted 
wound.  Furthermore he concludes  'I would be glad to consider any further 
evidence submitted to me'."  The Bishops ask:
i.      What materials were supplied to Dr. Di Maio?
ii.     He seems to suggest that there should be more material or evidence 
available which was not supplied to him.  What materials or evidence are 
these?  What did he expect to get and did not?

d)      Amongst other information one of the doctors present at the 
postmortem stated that Fr. Kaiser had bloody finger marks inside his 
trouser pocket.  How did he get his hand in his pocket after blowing off 
his head?.
e)      The 'Report' says, the analysis is not a substitute for a thorough, 
well-planned investigation and should not be considered all inclusive.  The 
information provided is based on probabilities (page 53).

3.      Mental Health

a)      Great emphasis was placed by the F.B.I. on Fr. Kaiser's mental 
health history and his state of mental health in the last 96 hours of his 
life.  This seems to have been done in order to strengthen the suicide 
proposition.  Yet on page 80 of the Report, it is stated that Fr. Kaiser 
had future plans.  According to pyschiatrists, suicide is a result of 
feeling worthless or hopeless.  This was not obviously the case with Fr. 
Kaiser.
b)      His immediate Superiors, his closest friends and family while 
accepting the great stress of being followed, harassed and threatened, did 
not consider Fr. Kaiser had suicidal tendencies and he himself expressly 
excluded the idea of suicide while expressly foreseeing his own murder;
c)      If Fr. Kaiser was so mentally disturbed etc., why?  There were 
incidents which caused this stress, the breaking of the window of his room, 
being followed by cars and the stoning of his car, why?  Only a fresh 
investigation will answer our questions and quieten our doubts and queries.

CONCLUSION

We ask again that:-

a)      an inquest be held;
b)      that the Attorney General compile a file on the investigation and 
present this to the inquest;
c)      that all evidence in possession of the F.B.I. and the C.I.D. be 
handed over to the proposed independent court of inquiry.  This should 
include:-
i.      the exhibits omitted for whatever reason from the 'Final Report'
ii.     All statements of all witnesses
iii.    All photographs
iv.     Any tape or video recordings
v.      Medical reports and laboratory analyses

We expressly ask that all exhibits and evidence, including the car should 
be preserved with care.

"Let justice flow like water,
and integrity like an unfailing stream, (Amos 5:24)


Signed By:
Rt. Rev. John Njue, Chairman            (Embu Diocese)
Rt. Rev. Cornelius Korir, Vice Chairman (Eldoret Diocese)
Most Rev. R.S Ndingi Mwana 'a Nzeki     (Nairobi Archdiocese)
Most Rev. John Njenga           (Mombasa Archdiocese)
Most Rev. Nicodemus Kirima      (Nyeri Archdiocese)
Most Rev. Zacchaeus Okoth               (Kisumu Archdiocese)
Rt. Rev. Philip Sulumeti                (Kakamega Diocese)
Rt. Rev. Urbanus Kioko          (Machakos Diocese)
Rt. Rev. Silas Njiru            (Meru Diocese)
Rt. Rev. Colin Davies           (Ngong Diocese)
Rt. Rev. Ambrose Ravasi         (Marsabit Diocese)
Rt. Rev. Peter Kairo            (Nakuru Diocese)
Rt. Rev. Paul Darmanin          (Garissa Diocese)
Rt. Rev. Linus Okok             (Homa Bay Diocese)
Rt. Rev. Joseph Mairura         (Kisii Diocese)
Rt. Rev. Boniface Lele          (Kitui Diocese)
Rt. Rev. Philip Anyolo          (Kericho Diocese)
Rt. Rev. Luigi Locati           (Isiolo Diocese)
Rt. Rev. Maurice Crowley                (Kitale Diocese)
Rt. Rev. Alfred Rotich          (Military Vicariate)
Rt. Rev. Norman King'oo Wambua          (Bungoma Diocese)
Rt. Rev. Peter Kihara           (Murang'a Diocese)
Rt. Rev. David Kamau Ng'ang'a   (Aux. Bp. Nairobi Archdiocese)
Rt. Rev. Anthony Ireri Mukobo   (Aux. Bp. Nairobi Archdiocese)
Rt. Rev. Patrick Harrington     (Lodwar Diocese)
Rt. Rev. Francis Baldacchino    (Malindi Diocese)

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x - Un homme meurt chaque fois que l'un d'entre nous se tait devant la 
tyrannie (Wole Soyinka, Prix Nobel litterature) -  Everytime somebody keep 
silent when faced with tyranny, someone else dies (Wole Syinka, Nobel Prize 
for Literature)
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