Former Buyende District Police Commander (DPC), Muhammad Kirumira has rushed to court challenging the judgement recently reached by the Police tribunal in which he was demoted in rank and given severe reprimands.
On April 19, Police tribunal convicted the embattled Police officer of unnecessary exercise of authority when he forcefully ordered a one Kamada Kayizzi to vacate his home as well as parading a Flying Squad operative, Nsubuga Ibrahim before the media after arresting him.
But in appealing the recent rulings, Mr Kirumira says the police disciplinary court chaired by Mr Denis Odongpiny didn’t not use the proper sections of law when convicting him.
This is contained in an April 23 appeal filed to the Chairperson of Police appellant court.
“The prosecution mixed up issues when they accused me of Parading Suspects before the media using the same section code 24 (a) which does not stipulate the same,” Kirumira states.
The issue of parading the suspects before the press ought to have been contained in another Section of the Police Act/civil procedure or Penal code Act because it pertains libel and defamation which is above the jurisdiction of the court.
Further to that, Kirumira contends that it should have been the Police to charge me for unlawful communication which wasn’t done.
“The said Nsubuga Ibrahim and his associates were arrested to prevent commission of an offense and an entry was made in the SD of Nansana which can properly be checked on that date. (Feb 2014) and the case file was picked by officers of P.S.U,” Kirumira stressed in his appeal.
The controversial police officer stated that he based his appeal on five grounds which include court relying on evidence of a single witness Kamada Kayizzi who was not the principle witness.
He also faults the prosecution side for its failure to produce other witnesses including the said wife of Kamada Kayizzi, whom he allegedly ordered to vacate her home and others, including the Landlord and the area defense Secretary.
His other bone of contention regarding the penalties pronounced by the tribunal is the failure on the part of the Prosecution to mention the true particulars of the said wife as mentioned on the charge sheet.
He also challenges the decision to convict him for evicting the complainant yet the said complaint Kamada Kayizzi had testified that he voluntarily shifted to another area in a period of two months.
Kirumira further contests the tribunal’s refusal to consider the evidence of the defense and its submissions despite being notified that the prosecution did not produce the communication details between the said telephone contacts, to the effect of proving the said threats via phone.
He has further asked the appellant court to quash the sentence for parading the flying squad officer before the media since he was not listened to.
“Court ignored my defense completely on this matter, it also ignored my request to have some witnesses summoned as well as some books of the Police, plus the Police file”.
This he says is what misled the tribunal to arrive at a wrong decision that culminated into a wrongful conviction on grounds of erroneous findings.
“I pray that that the evidence of the prosecution be disregarded and the decision of Court be quashed and punishment set aside,” Kirumira added.
While speaking to the media on Monday, Mr Kirumira said that he has “chosen to devote enough time to follow up this matter up to all levels just as a signal to all those practising enforcement that at time they can use your efforts as a crime against you”.
He contended that his intentions for appealing are not to win but to showing the public that a person can be unjustly judged.
