Kampala High Court Criminal Division was left in shock when State Prosecutor Jonathan Muwaganya discovered that the Rwizi Regional CID officer Topher Gimei forged a report to the Office of thr Director of Public Prosecution (DPP) asking them to exonerate one of the bodyguards of Pastor Jackson Ssenyonga over aggravated robbery charges.
Gimei had appeared before the court to defend the suspect in the case where three guards; Ali Ojulango, Godfrey Mwanda, Israel Waswa and a Chapati Maker Ivan Wanyama at Pastor Ssenyonga’s Christian Life Church in Makerere Kavule are accused of aggravated robbery.
According to prosecution, on June 8, 2018, at Christian Life Church the accused were armed with blunt objects and robbed Sam Mukula of his mobile phone worth Shs35,000, cash Shs 500,000 and during the scuffle, they caused grievous harm to their victim.
Prosecutor Muwaganya noted that the victim was one of the Church members who always congregated at Christian Life Church and at the time of the robbery, he had gone for evening prayers.
However, these accused persons denied the charges and were found with a case to answer and asked to defend themselves before the Criminal Division Judge Isaac Muwata.
On Thursday, Israel Waswa one of the key accused gave rise to Officer Gimei as his defence witness who made the report to the DPP that he should be exonerated.
Gimei told Court that on August 8, 2018, while serving as Kampala Metropolitan North Regional CID Officer, he got a complaint from Waswa that he was being persecuted by the investigators in the same case file and under the influence of the complainant who wanted him joined on the charge sheet.
He went on and informed the court that he proceeded and visited the scene of the crime together with his deputy Detective ASP Esther Uwera.
They later recorded statements from eyewitnesses who narrated to them that by the time of the robbery, Waswa was with Pastor Ssenyonga at the Alter where he was preaching as he was guarding him.
Gimei indicates in his reports to the DPP that by the time of the incident, Mukula who had come for prayers had instead become a ‘nuisance’ to the rest of the church members since he was shouting, banging tables trying to beat up whoever tried to control his actions.
His report again indicates that when Mukula’s unbecoming behaviours became unbearable he was advised to go out of the church and he resisted however after a long persuasion he left the Church.
Unfortunately, on his way off the church premises, he met Boda Boda riders who mistook him to be a criminal and started beating him and he fell from the main road to a valley within the church compound.
“Worth noting however is that when this entire scuffle was going on, Waswa Israel was not present at that place of confusion. Neither was he among the church security who advised the complainant to go out of the Church”, said Gimei.
“Accordingly it’s my request that you consider amending the current charge sheet and exclude Waswa Israel since his inclusion on the same was premised on the falsehood perpetrated by his adversaries who always hated him because of his closeness to Pastor Ssenyonga “, recommended Gimei in his report to the DPP.
However, after hot cross-examination by Mr Muwaganya, the court discovered that Gimei’s report was not handed over to the court in the case file of the whole case, a practice which was considered either fraud or corruption of the highest order by a high-level officer. Officer Gimei also failed to explain to the court how he came to make a conclusion recommending the exoneration of Waswa.
According to Muwaganya, Police Officer Gimei is a fraud and the report he made is a result of a fraudulent concoction manufactured from the streets.
Fear engulfed Gimei when prosecutor Muwaganya gave him a police file where he wanted him to prove where he got the contents of his report because, at the beginning of submission, he was claiming that his report was premised on the original police file.
In total dismay, both sides the prosecution and defence finally agreed that Gimei’s report was not submitted in the court since it was made based on false information to lure the DPP to exonerate Waswa.
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