ASP Mugarura told court that in 2012, while serving as the Officer in Charge OC Criminal Investigations Directorate-CID of Kabarole Police Station, he encountered a notorious criminal gang that was robbing people’s properties across Uganda and started off an operation to have it investigated and brought before the law, but was instead being obstructed by his superiors who were in connivance with the criminals.
The High Court Civil Division in Kampala has awarded a senior police officer 10 million Shillings for violations of his right to personal liberty.
The officer, Assistant Superintendent of Police
Steven Mugarura in 2012 sued the then head of flying squad CP Herman Owomugisha and the Attorney General accusing police of violating his personal liberty by
subjecting him to numerous unlawful arrests, detention and malicious
prosecution contrary to article 23 of the Constitution of the Republic of
Uganda.
Mugarura told court that in 2012, while serving as the
Officer in Charge OC Criminal Investigations Directorate-CID of Kabarole Police
Station, he encountered a notorious criminal gang that was robbing people’s
properties across Uganda and started off an operation to have it investigated
and brought before the law.
He says that in execution of his duties, he faced
direct obstruction and confrontation from senior police officials who connived
with the said criminals to unlawfully arrest, detain, torture and frame him with several
charges.He says they also deliberately denied him work and refused
to re-deploy him despite being cleared by the authorities.
In their defense, Owomugisha said that Mugarura
alleged that some armed criminals wanted to kill him and then he reported that
to his office where he was the commandant of the flying squad and that by this
time Mugarura was no longer in the criminal investigation department as he had been
transferred to Field Force Unit of which he refused to report.
Owomugisha told court that his office was interested
in saving Mugarura’s life from the armed criminals he alleged that they wanted
to harm him and it turned out that the said criminals did not have guns when
they were arrested, investigated and searched and it was established that they
used to steal beans from Government stores.
Owomugisha further accused Mugarura of unlawfully
arresting and detaining Wilson Musinguzi Ruhweza and Ismail Kamugisha and
soliciting bribes in order to release them, something that would discredit the force. Owomugisha also told court that Mugarura was transferred to the field force
unit but refused to report to the unit which tantamounted to misconduct, so he was arrested for misconduct since he was wanted by the Police Standard Unit
as being absent without leave.
Owomugisha told court that Mugarura was tried and
found guilty by the lower disciplinary court of Police and the Appellate Court
was then discharged from the Uganda Police Forces.
In his ruling, Justice Musa Ssekaana found that the respondents
adduced evidence that the applicant in 2017 was arrested and charged with
irregular misconduct and withdrawal from duty or absence without leave, something
that Mugarura did not challenge.
However, the justice also found that Mugarura succeeded on one issue of violation
of his right to personal liberty and that the respondents did not challenge any
of the arrests Mugarura stated in the various police stations for the stated
days in each cell.
Justice
Ssekaana hence awarded Mugarura 10 million Shillings as damages for the
violation of his personal liberty with interest of 15% from the date of this
ruling.
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