Nairobi — Seven suspected Somali pirates want the court to acquit them since the complainant of the case against them was not in court.

Through their lawyer Mr Jared Magolo, they said a witness giving evidence before the complainant may prejudice their defence.

Mr Magolo told the court that none of the four statements in their possession belonged to the captain, officer or crew of the vessel alleged to have been attacked.

He said the complainant should be able to give the basis of the complaint first before others can testify.

"There is no reason why the complainant is not in court, give section 202 it rightful meaning and intention. Rather than adjourn, acquit the accused," he told senior resident magistrate Rose Makungu.

He said that the complainant had not made any statement and that the defence will suffer great prejudice should the case proceed.

In his reply, state counsel Mr Alexander Muteti said the complainant in the charge sheet read Republic of Kenya/Kenya Police hence no name had been suggested.

"All criminal proceedings are initiated in the name of Republic," said Mr Muteti adding that there is no suggestion that the court must start with evidence of the complainant.

He said the court ought to address what prejudice the accused are bound to suffer if other witnesses give evidence.

Mr Muteti said the charge facing the accused was special since it was dealing with the offence of piracy.

The state counsel said that all persons who record statements technically become witnesses.

The state prosecutor urged the court to find the person the defence wants to see as a witness like any other and can be called to testify at any stage.

"I urge the court to find the application by the defence without merit since complainant has clearly been defined by the flag state and the matter to proceed,"said Mr Muteti.

Ms Makungu was scheduled to give a ruling on the application by the defence later yesterday afternoon.