After five months of trial, the police disciplinary court yesterday demoted eight police officers found guilty of participating in or abetting the beating up of Dr Kizza Besigye’s supporters last July.
The officers were convicted on three counts of excessive use of force, neglect of duty and discreditable conduct, which are all contrary to the Police Penal Code Act. Delivering his ruling, Denis Odongopiny, the chair of the court, said that on the count of discreditable conduct, SSP Andrew Kaggwa, SP Moses Nanoka and ASP Patrick Muhumuza were demoted by one rank.
It means Kaggwa now drops to the rank of superintendent of police (SP), Nanoka drops to assistant superintendent of police (ASP) while Muhumuza goes down to the rank of inspector of police (IP).
Odongopiny further ruled that police constables who have no rank should be dismissed by the police council. Dan Tandeka, a crime preventer, was barred from doing any police-related work for the next 20 years. After delivering the sentence, Odongpiny said the defaulters have the right to appeal to the appellant court of police within 14 days.
“If you find that you are not satisfied with the sentence this court has given you, it is your right to appeal in higher court,” he said.
Their demotion means that Kaggwa can no longer be a regional police commander (RPC). He can only be a deputy RPC or acting RPC. Nanoka can no longer be a divisional police commander (DPC) and at best he can be deployed as officer in charge of station (OC).
Muhumuza can only be deployed as OC of a police post, head of patrol car, head of operations at a police post, among others. Catherine Kushemerwa, the police prosecutor, had asked court to give severe punishments because all the evidence pinned them on all counts.
“Mr Chairman, the role of Uganda Police Force is to protect and serve the people and these officers did contrary to the constitution; so, they deserve a severe punishment,” she said.
On the charges of use of excessive force, all eight police officers were fined and their gross salary reduced by a third (1/3) for one month. On the charge of neglect of duty, all eight police officers were sentenced to severe reprimand.
This is where a police officer is given the last chance and in case of any offence, he or she is dismissed with disgrace from the force. On January 30, The Observer reported how the Inspector General of Police Gen Kale Kayihura had disagreed with his deputy, Okoth Ochola over whether the guilty officers should be demoted.
DEMOTED OFFICERS SPEAK OUT
Interviewed yesterday, Kaggwa said he was not satisfied with the ruling and will automatically lodge an appeal.
“It is good that court has agreed that I gave out my programme to my bosses before I went on duty and my bosses accepted it; so, that is the ground on which I will base my appeal,” he said.
Kaggwa also said that if the appellant court upholds the judgment, he will seek redress in the civil courts. Muhumuza said his demotion does not mean the end of his life.
“Demoting me does not mean killing me. I joined as a constable and reached this rank in 19 years; so, I can also begin from IP and get promoted to even a higher rank,” he said.
He said, however, that he is hurt that the people who gave them orders were never charged.
“I executed my bosses’ orders but to my surprise I was demoted and they were never even called in court,” he said.
Policemen on July 14 2016, canned people who had lined the streets to wait for FDC former presidential candidate Dr Kizza Besigye as he made his way to the party headquarters in Kampala.
The officers used sticks to beat and disperse the bystanders, triggering an angry public outcry and later the court trial.