Last month, when the body of Peter Mutuku Mutisya was discovered floating in a dam on Del Monte’s farm in Kenya, his loved ones had already been looking for him for several days.
Mutisya, who is 25 years old, was employed as a chemical sprayer at a farm nearby. His family members often depended on him for rides on his valuable motorcycle.
Hannah Wanjiru Nyambura, the mother of the subject, was a deacon in the church and would often tease her son about getting married and naming his first child after her. Her strong religious beliefs led her to pray fervently when she learned that her son had been spotted being pursued by guards for stealing pineapples from Del Monte.
On Monday, November 13th, 27-year-old Martin Chege Mutuku went with his friend Mutisya and another companion on rafts across a dam to a farm owned by Del Monte, the largest supplier in the world. They rowed to field 74 and easily picked plump pineapples, wasting no time in their task.
Mutuku stated that they were exiting the field and Mutisya had gone ahead to retrieve their sacks when security guards suddenly arrived. Mutuku recalled seeing three guards come from the corner where Peter had taken the curved path. One of the guards yelled, “Shikeni hiyo mbwa!” (which translates to “Catch that dog!”). Mutuku dropped their pineapples and tried to flee, but one of the guards caught up to them and tackled them to the ground. The other guard then joined in and they began to beat Mutuku.
The third individual, who preferred to remain anonymous, informed the Guardian that he managed to escape when the guards arrived. Mutuku explained that he was being restrained on the floor with his extremities tied when the guards heard Mutisya coming back with bags and went after him. “I heard a scream and then everything went quiet after the guards left me.”
It took four more days for the villagers to discover Mutisya’s body in the dam. His father, Samuel Katendie, went to confirm the identity of the body, which was transported in a truck. He was taken aback by the state of his son’s body, which was swollen from being submerged in water. He noticed that there was bleeding at the back of his head and marks on his neck that suggested strangulation.
The situation has been compared to that of Saidi Ngotho Ndungu, who was found dead in Dam 7 on the Del Monte plantation in May 2013, two days after being chased by Del Monte guards. Two acquaintances stated that they were with Ndungu and were apprehended for trespassing on the farm. According to a witness statement given to the police two days after Ndungu’s body was discovered, the guards had beaten him with wooden clubs and he was heard pleading with them not to kill him. The cause of death listed on his death certificate was drowning. When these accusations and others were brought to Del Monte’s attention in June, they stated that they were taking them very seriously and conducting a thorough and urgent investigation.
Postmortems are usually performed by medical examiners, but Mutisya’s was unique. In addition to the government doctor, there was a private pathologist in the examination room who owned his own hospital. He stated that he invoiced Del Monte for his services.
Hannah, who is 41 years old and the mother of Mutisya, stated that upon learning there was a Del Monte representative in the morgue, she became discouraged.
After the doctors completed their examination, the family was informed of the outcome: Mutisya had died from drowning. Samuel, Mutisya’s father, expressed his disappointment, stating, “As a parent, I felt hopeless when the doctor reported that there were no injuries. I couldn’t even eat that night.”
The postmortem and pathologist’s report for Del Monte, reviewed by the Guardian, state that the individual’s cause of death was drowning and no injuries were noted.
The Del Monte report is strongly worded, stating that there is no evidence of a third party’s involvement in the death of the individual due to the lack of injuries found during the postmortem examination.
The British forensic pathologist, whose identity was kept confidential, was shown both reports and a photo of the body by The Guardian.
The British pathologist stated that he observed potential injuries on the body in the photo, such as dark spots on the forehead and cheek, and lines on the right arm that could be caused by a ligature or beating with a baton. He also mentioned the possibility of hidden injuries in areas like the neck and wrists due to shadows and the lack of a back view. It should be noted that decomposition can also obscure injuries.
It is typical for corpses found in water to sustain damage after passing away. However, the British medical examiner expressed concern over omitted information in the postmortem reports, stating that it raised many red flags. At the very least, one would expect any marks to be documented, regardless of whether they were deemed to be injuries.
He stated that both reports did not meet the criteria for proper forensic practices. He also pointed out conflicting results and missing information that he believed cast doubt on whether the reports were intentionally written to support the theory that Mutisya had drowned.
A British pathologist and their colleague examined the reports and observed that only the report commissioned by the police mentioned petechial haemorrhages, which are tiny spots of bleeding around the eyes. This could be a sign of strangulation, but it could also have other explanations such as drowning. They noted that this should have at least prompted a written record of an examination of the neck, both externally and internally, but this was not included in either report.
The pathologist hired by Del Monte from Kenya maintained that his conclusions were accurate. He stated, “My report is very clear and definitive. This is the standard protocol for a forensic postmortem.”
He doubted if a pathologist could provide any valuable analysis based on a photo of a decomposed body.
On November 28, Mutisya’s family held a burial ceremony without having access to a written postmortem report. Human rights monitors are worried that the report was deliberately kept from them until after the burial, making it impossible for them to request an impartial medical evaluation without exhumation.
The results of the postmortem were disputed by his mother, who stated, “I do not accept them because Chege, who was with him, claimed to have heard Peter scream. I do not believe their assertion that he drowned.”
A representative from Del Monte stated that the company fully collaborated with authorities in Kenya during the investigation conducted last month. The postmortem report, approved by the Directorate of Criminal Investigations Officer and four doctors present during the procedure, concluded that the individual’s cause of death was drowning and there were no signs of any wrongdoing.
“We extend our sincerest sympathy to the grieving loved ones during this challenging period. We have faith in the legal system of Kenya.”
The statement advised directing inquiries regarding the Kenyan justice system to the officials in charge of the ongoing investigation.
The Guardian’s requests for comment were not answered by the police.
Source: theguardian.com
