Late Dutch businessman Tob Cohen had lodged an assault complaint against his wife Sarah Wairimu at Parklands police station on February 13, 2019. Investigating officer Inspector Moses Mbalwe testified that Cohen initially asked police not to arrest his wife, saying he would inform them when he wanted her arrested. Mbalwe recorded Cohen's statement and issued him a P3 form on the same day. Cohen had an injury on his forehead and produced treatment notes, telling the officer the injuries had been occasioned by his wife.
Inspector Mbalwe told Justice Diana Kavedza that Cohen repeatedly failed to secure his wife's arrest. Around June 2019, Cohen told Mbalwe that he wanted Sarah arrested. Police summoned her by phone, but she never turned up. On July 19, 2019, Cohen called Mbalwe, saying his wife was at home and he wanted her arrested. Mbalwe was off duty that day and informed his boss, who sent officers. However, a letter allegedly from Cohen arrived at the station three days after Cohen was last seen alive, stating that he was withdrawing the matter.
The letter led to the assault investigation file being closed. Mbalwe tried to call Cohen to confirm whether it was true, but the phone never went through. His boss had directed that the file be closed once the letter was received. Mbalwe told his boss they would have to wait for personal confirmation from Cohen that he was indeed withdrawing the matter. On July 31, 2019, police registered the assault case and sought a warrant of arrest against Sarah.
During cross-examination, Mbalwe confirmed he had completed his investigation by February 15, 2019, but did no investigative work between then and July. He said Cohen was the one who had decided not to proceed with the issue. Mbalwe confirmed there was no statement from Sarah because she had not been arrested. The file contained a report but no doctor's statement or other witness statements.
Police learned in August 2019 that Cohen was missing and in September 2019 that his body had been found in a septic tank at their home. The DCI headquarters homicide section later requested the original file, which police handed over. A musician who performed at Plums Hotel on the night Cohen was last seen alive described him as excited when the band began playing 'Hit the Road Jack'.
The musician, Haston Kombe, said Cohen approached the band and requested to perform the song himself. He sang for about five minutes while the crowd cheered, after which the band moved on to another song. Kombe described the venue's clientele as high-end, with regular customers of Indian, British and American origin.
Witnesses have described the relationship between Cohen and his wife, with one telling the court Sarah had confided in him about marital difficulties, alleging Cohen was abusive. Sarah has denied the murder charges. The trial continues.
Key points
- Tob Cohen initially asked police not to arrest his wife Sarah over an assault complaint lodged in February 2019.
- A letter allegedly from Cohen withdrawing the complaint led to the case being closed, although it arrived after he went missing.
- Cohen's body was discovered in a septic tank at the couple's home in September 2019, weeks after he was reported missing.
