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3 police officers sued over illegal detention of suspect
At work. Police officers on duty in Kampala recently. Inset is one of the accused, Mr Norman Musinga, the Kampala Metropolitan Regional Traffic Commander. FILE PHOTO
What you need to know:
- In a sworn statement, Mr John Sebukobwa states that his brother, Mr Kamanzi, was in charge of Mr Musinga’s three cattle farms; two in Kiruhura District and one in Luweero District.
Lawyers representing a man accused of theft have sued three senior police officers on accusations of detaining the suspect beyond the maximum 48 hours allowed by the Constitution.
In the petition filed before Buganda Road Magistrate’s Court last week, Mr Norman Musinga, the Kampala Metropolitan Regional Traffic Commander, is accused of illegally causing the arrest of his farm manager, Mr Steven Kamanzi.
Mr Musinga is jointly accused with the Division Police Commander, Mr Ronald Owitwaali, and Mr Edgar Kulayigye, the officer-in-charge of Kampala Central Police Station (CPS).
It is alleged that Mr Owitwaali and Mr Kulayigye arrested Mr Kamanzi on October 15 on Musinga’s orders. Mr Musinga denies the accusations. Mr Kamanzi’s lawyers allege that he has since been in detention without being produced in court.
“The continued keeping of the applicant in police custody is illegal and unconstitutional,” reads part of the complaint filed by his lawyers of Tugume-Byensi and Company Advocates.
Kampala Metropolitan Police Deputy spokesperson Luke Oweyesigire yesterday said Mr Kamanzi was detained over theft of cattle and the matter is being investigated by the Flying Squad. He did not divulge further details about the matter.
The affidavit
In a sworn statement, Mr John Sebukobwa states that his brother, Mr Kamanzi, was in charge of Mr Musinga’s three cattle farms; two in Kiruhura District and one in Luweero District.
He states that on October 15, Mr Kamanzi called him on phone and told him he was going to Kampala to meet Mr Musinga to proceed to another farm in Luweero. Mr Sebukobwa contends that he called him again to say that instead his boss had directed Mr Owitwaali and Mr Kulayigye to detain him at CPS.
“That since October 15 the applicant’s father in law Gabandasi James and I have been reporting to Central Police Station – Kampala to check on the applicant in the hope that we can secure a police bond for him but all in vain,” Mr Sebukobwa states in the affidavit.
He wants court to award compensation of Shs20m for his brother’s alleged illegal detention.
However, yesterday, Mr Musinga denied ordering Mr Kamanzi’s arrest or detention. He said he was only a complainant in the case of theft of his cows by Mr Kamanzi and the Flying Squad took over the matter for investigation.
He said there is overwhelming evidence to pin Mr Kamanzi and the case file will be taken to court any time soon.
Mr Musinga denied liability for the alleged long detention of Mr Kamanzi, saying as a complainant, he is not the one who decides when the suspect should be taken to court.
