Saturday, April 28, 2001
Catholics reject Kaiser report
By NATION Team
The FBI's verdict of suicide on Fr. John Kaiser was roundly rejected
by Kenya's Catholics yesterday.
They said it left many questions unanswered and was conducted
"unprofessionally".
Breaking its week-long silence since the United States agents released
their report, the church's 26 bishops demanded a public inquest into the
American priest's death.
They said the FBI report had caused concern by raising many questions
but leaving them unanswered.
They asked why no ballistics report had been presented to back the report's
finding. And they also pointed out that the report quoted a doctor who
conducted a post-mortem examination as stating that he found bloody finger
marks inside the priest's trouser pocket. Asked the bishops: "How did he
get his hand in the pocket after blowing his head off?"
The body of the outspoken priest was found by the busy Naivasha-Nakuru
highway last August 24 with a terrible gunshot wound to the head.
The FBI report, released on April 19, highlighted the behaviour of the
priest shortly before his death as unusual; found no evidence of the involvement
of other people at the place his body was found; could not account for
the last three hours of his life; and noted that he had been treated for
manic depression.
Attorney-General Amos Wako said yesterday he was still examining the
detailed report.
Speaking in London, where he is on Government business until next Tuesday,
Mr Wako said he had not yet finished reading the report and until he had
done so and examined all its conclusions, he would not decide whether or
not to order an inquest.
But Mr Wako also pointed out that the FBI report had been made public
and that FBI agents had said they welcomed any detailed questions in connection
with their report. "The main purpose of holding an inquest is to put into
the public domain the circumstances surrounding a person's death," Mr Wako
said. "In the case of the FBI report, however, that has already been done."
Mr Wako suggested that if the Catholic church or any other organisation
had concerns about the findings, they should take them up with the FBI.
He said he would make a final decision about an inquest only when he
had considered all its findings.
The Catholic's Kenya Episcopal Conference also appealed to the AG yesterday
to ensure that all exhibits and evidence, including the priest's car, were
preserved with care.
They made the statement a the end of a four-day meeting at the St Thomas
Aquinas Seminary, in the city's Lang'ata area, where they discussed the
report and other church and national issues.
Speaking on behalf of the conference, its chairman Bishop John Njue
said: "The Catholic bishops have considered with expert advice the FBI's
Final Report, on the death of Fr. Kaiser and wish to state that it cannot
in law give final conclusions. It is reserved to a court."
Bishop Njue asked the AG to institute the inquest "where all witnesses
can be examined and cross examined".
The chief legal advisor to the Government was also asked to compile
a file on the investigation and present it to the inquest; in addition
to ensuring that all evidence with the FBI and the local Criminal Investigations
Department of the Kenya police was handed over to the proposed independent
court of inquiry.
Among the areas the bishops said the FBI report was inconclusive, was
on "the unprofessional and selective" scene-of-crime evidence; the post-mortem;
and on the priest's mental health.
The bishops queried the blurred photographs used by the FBI in the report
and asked why there was no explanation for the finger prints found on the
car, but not on the gun beside the body.
The church also asked why the FBI report did not mention the blood found
on the priest's pick-up and an axe found on the back seat.
Asked the bishops, in a signed Press statement, read by Bishop Njue:
"Were all the witnesses interviewed? Who were interviewed and what certainty
can be ascribed to their evidence?"
The church defended Fr. Kaiser over statements in the report that he
had a history of mental disorder by claiming that was a diversionary move
to strengthen the suicide finding.
The bishops also asked why despite that, the FBI report stated that
Fr.0..... Kaiser had future plans: "According to psychiatrists, suicide
is a result of feeling worthless or hopeless; this was not obviously the
case with Fr. Kaiser," the bishops said.
They recalled that Fr. Kaiser's immediate superiors, his closest friends
and family while accepting he was under great stress by being followed,
harassed and threatened, did not consider he had suicidal tendencies and
he himself expressly excluded the idea of suicide while expressly foreseeing
his own murder.
The Church said that only fresh investigations will answer why the priest
may have been mentally disturbed at the time of his death, which coincided
with unexplained incidents which may have caused him stress.
In the US, a senator said following an hour-long meeting with FBI investigators
that he believed Fr. Kaiser was murdered.
"I continue to dissent from the FBI report on the Catholic priest's
death, declared Sen Paul Wellstone, who represents Fr Kaiser's native state
of Minnesota.
The FBI report had failed to take fully into account the substantive
threats to Fr Kaiser's life, Sen Wellstone told reporters. Asked what he
believed to be the likely cause of the priest's death, the senator replied,
"I think he was murdered."
Sen Wellstone said he questioned the FBI agents regarding the possibility
that evidence may have been altered or removed from the site where Fr Kaiser's
body was discovered.
According to the senator, the FBI team acknowledged that the integrity
of the crime scene had been compromised by the time the bureau's agents
arrived there. The priest's truck had been hauled away, for example, and
Kenyan police had taken custody of his shotgun.
The FBI officials told him, Sen Wellstone said, that Kenyan police officials
had done a reasonably good job of safeguarding the site but did not follow
all the procedures that would have been carried out in the United States.
Sen Wellstone added that he plans to meet soon with Fr Kaisers family
members to discuss the option of asking the United States attorney-general
to undertake a formal review of the FBI report.
Regardless of whether that avenue is taken, Sen Wellstone vowed that
he will not let the matter rest.
Thursday's meeting with the FBI was arranged at Sen Wellstone's request.
The Minnesota Democrat spoke with journalists shortly after the session
via a conference call from his Washington office.