Kyankwanzi detectives to spend New Year's Day in jail over ivory

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stenews
Sun, Dec 8, 2024 1:36 AM

Kyankwanzi detectives to spend New Year's Day in jail over ivory
Margaret Zalwango, New Vision
December 6, 2024

See link
https://www.newvision.co.ug/category/news/kyankwanzi-detectives-to-spend-new-years-day-NV_200877
for photo.

KAMPALA - Detective Constable Bernard Zack Tuma, 40, attached to Kyankwanzi
Police Station and Detective Corporal Godfrey Ogwal, 46, attached to Ntunda
Police Station in Kyankwanzi will spend New Year's Day in jail.

The duo was on December 5, 2024, arraigned before the Standards, Utilities
and Wildlife court in Makindye, Kampala and charged with unlawful
possession of ivory.

They were charged alongside Robert Okot, a peasant of Kigalama in
Kyankwanzi by Chief Magistrate Gladys Kamasanyu after she read to them the
charges, which they denied.

The offences

Prosecution led by Annet Tuheisomwe told the court that Tuma on November 9,
2024, at Church Zone in Butemba town council in Kyankanzi district, was
found in possession of a protected wildlife specimen of two pieces of
elephant ivory.

It was alleged that the ivory weighed 7.5kg which they had no permit to
possess and is contrary to Section 71(1) (b) of the Uganda Wildlife Act Cap
315.

In another charge, prosecution alleges that Tuma, Ogwal, Okot and others
still at large in November  2024 at Bikwiri trading centre in Kyankwanzi
district engaged themselves in the trade of wildlife products to wit two
pieces of elephant ivory.

This is contrary to sections 36(1)(3) and 70 (a) of the Uganda Wildlife Act
cap 135.

Prosecution further alleges that the accused persons and others still at
large last month at Bukwiri trading centre in Kyankwanzi conspired to
commit a felony that’s possession of elephant ivory of protected specimen
without a permit. The offence is contrary to section 363 of the Penal Code
Act.

The offence of unlawful possession and trading protected specimen, upon
conviction a person suffers death or a penalty of a fine not exceeding
shillings 200 million.

Bail denied

The officers applied for bail before the court and presented three sureties
each. However, the court declined to grant the application due to the
insubstantiality of the sureties presented.

The state prosecutor objected to their application citing their capability
to interfere with witnesses if granted bail. She further told the court the
sureties were not substantial as they could not even answer questions put
to them before court.

The magistrate noted that after listening to both, seeing the sureties that
have been presented before the court in considerations for bail obligations
listed under bail guidelines and including the following the gravity of the
offence, the nature of the offence, possibility of substantial delay of
trial the livelihood of the applicant, the likelihood of the accused
persons interfering with witnesses.

The magistrate further noted that of all the sureties presented only Tuma's
father was substantial because he is a respectable member of society and
can compel the accused to attend court whenever needed.

Kamasanyu said the Police officer's sureties are ordinary people, who
cannot do anything when the Police officers refuse to return to court.

The court also observed that the sureties presented by the applicants are
not in a position to pay the bond amounts that may be granted by it.

The accused persons were remanded to January 8, 2025, for hearing of the
prosecution witnesses.

https://www.newvision.co.ug/category/news/kyankwanzi-detectives-to-spend-new-years-day-NV_200877

Kyankwanzi detectives to spend New Year's Day in jail over ivory Margaret Zalwango, New Vision December 6, 2024 See link <https://www.newvision.co.ug/category/news/kyankwanzi-detectives-to-spend-new-years-day-NV_200877> for photo. KAMPALA - Detective Constable Bernard Zack Tuma, 40, attached to Kyankwanzi Police Station and Detective Corporal Godfrey Ogwal, 46, attached to Ntunda Police Station in Kyankwanzi will spend New Year's Day in jail. The duo was on December 5, 2024, arraigned before the Standards, Utilities and Wildlife court in Makindye, Kampala and charged with unlawful possession of ivory. They were charged alongside Robert Okot, a peasant of Kigalama in Kyankwanzi by Chief Magistrate Gladys Kamasanyu after she read to them the charges, which they denied. The offences Prosecution led by Annet Tuheisomwe told the court that Tuma on November 9, 2024, at Church Zone in Butemba town council in Kyankanzi district, was found in possession of a protected wildlife specimen of two pieces of elephant ivory. It was alleged that the ivory weighed 7.5kg which they had no permit to possess and is contrary to Section 71(1) (b) of the Uganda Wildlife Act Cap 315. In another charge, prosecution alleges that Tuma, Ogwal, Okot and others still at large in November 2024 at Bikwiri trading centre in Kyankwanzi district engaged themselves in the trade of wildlife products to wit two pieces of elephant ivory. This is contrary to sections 36(1)(3) and 70 (a) of the Uganda Wildlife Act cap 135. Prosecution further alleges that the accused persons and others still at large last month at Bukwiri trading centre in Kyankwanzi conspired to commit a felony that’s possession of elephant ivory of protected specimen without a permit. The offence is contrary to section 363 of the Penal Code Act. The offence of unlawful possession and trading protected specimen, upon conviction a person suffers death or a penalty of a fine not exceeding shillings 200 million. Bail denied The officers applied for bail before the court and presented three sureties each. However, the court declined to grant the application due to the insubstantiality of the sureties presented. The state prosecutor objected to their application citing their capability to interfere with witnesses if granted bail. She further told the court the sureties were not substantial as they could not even answer questions put to them before court. The magistrate noted that after listening to both, seeing the sureties that have been presented before the court in considerations for bail obligations listed under bail guidelines and including the following the gravity of the offence, the nature of the offence, possibility of substantial delay of trial the livelihood of the applicant, the likelihood of the accused persons interfering with witnesses. The magistrate further noted that of all the sureties presented only Tuma's father was substantial because he is a respectable member of society and can compel the accused to attend court whenever needed. Kamasanyu said the Police officer's sureties are ordinary people, who cannot do anything when the Police officers refuse to return to court. The court also observed that the sureties presented by the applicants are not in a position to pay the bond amounts that may be granted by it. The accused persons were remanded to January 8, 2025, for hearing of the prosecution witnesses. https://www.newvision.co.ug/category/news/kyankwanzi-detectives-to-spend-new-years-day-NV_200877