First read
Finally Museveni’s government has been caught pants down: Mps fights at Butaleja Woman MP Cerinah Nebanda funeral as pathologist, Dr Sylvestre Onzivua who was hired by Parliament to do an independent forensic investigation, was arrested en route to South Africa
http://watchmanafrica.blogspot.com/2012/12/finally-musevenis-government-has-been.html
Nebanda: Health cleared
Pathologist's travel, MPs camp at Police
Publish Date: Dec 19, 2012
By Vision Reporter
The Ministry of health cleared Pathologist Dr. Sylvester Onzivua’s travel to South Africa to take samples of body parts of the fallen MP Cerinah Nebanda.
The Director of health services Dr. Jane Ruth Acheng told a news conference at the ministry headquarters in Kampala that, “Dr. Sylvester requested for permission as per the usual procedure and I wrote a letter authorizing him to proceed to South Africa. So it’s not true that he was arrested because he never sought for permission.”
Achieng’s clarification follows the interception of Dr. Onzivua by the Police on Tuesday at Entebbe Airport as he was heading to South Africa.
Dr. Onzivua is still in Police custody at Kireka where Police have preferred abuse of office charges against him.
However, MPs Abdul Katuntu, Chris Baryomunsi and Kassiano Wadri are camped at Kireka where Onzivua is held vowing not to leave unless the Pathologist is released.
Meanwhile Nebanda’s body is at her parent’s home in Entebbe contrary to Parliament Deputy Speaker’s directive to be taken to Mulago for fresh investigations.
The Ministry of health cleared Pathologist Dr. Sylvester Onzivua’s travel to South Africa to take samples of body parts of the fallen MP Cerinah Nebanda.
The Director of health services Dr. Jane Ruth Acheng told a news conference at the ministry headquarters in Kampala that, “Dr. Sylvester requested for permission as per the usual procedure and I wrote a letter authorizing him to proceed to South Africa. So it’s not true that he was arrested because he never sought for permission.”
Achieng’s clarification follows the interception of Dr. Onzivua by the Police on Tuesday at Entebbe Airport as he was heading to South Africa.
Dr. Onzivua is still in Police custody at Kireka where Police have preferred abuse of office charges against him.
However, MPs Abdul Katuntu, Chris Baryomunsi and Kassiano Wadri are camped at Kireka where Onzivua is held vowing not to leave unless the Pathologist is released.
Meanwhile Nebanda’s body is at her parent’s home in Entebbe contrary to Parliament Deputy Speaker’s directive to be taken to Mulago for fresh investigations.
Police in U-turn, confirm arrest of pathologist over Nebanda’s postmortem
By TABU BUTAGIRA
Posted Tuesday, December 18 2012 at 13:44
Posted Tuesday, December 18 2012 at 13:44
Police say pathologist Sylvestre Onzivua, whom they arrested
at Entebbe airport as he tried to fly out to South Africa, had no authority to
undertake conclusive toxicological tests abroad without government involvement.
In a statement, the Force Spokesperson Judith Nabakooba
notes that Dr Onzivua allegedly acquired the body parts “irregularly”. He is in
custody at an unnamed confinement facility in Kampala, and the statement says detectives
are questioning him on how he acquired the body parts, circumstances of their
storage and who authorised him.
Parliament & the fallen MP’s family reportedly contracted
the senior Makerere
University lecturer to
fly the samples to a South African laboratory for conclusive toxicological
tests. Government now faults him for violating the law and procedure on doing
autopsies.
The pathologist, according to police, was trying to
“smuggle” the body parts out of the country.
The police initially denied Onzivua’s arrest, but rushed out
the statement after Daily Monitor broke the story of the pathologists’ incarceration this morning. He had been
scheduled to take South African Airways flight SA 161.
Airline official he checked in normally before Immigrations
and security operatives picked him from the waiting lounge.
PRESS STATEMENT
Is the Inspector-General of Police had briefed the public
yesterday; Police commenced investigations following the tragic death of Hon.
Cerinah Nebanda, and, among other routine procedures, requested Mulago Hospital
to conduct a Post-Mortem examination on the body of the deceased.
Police allowed the family and some members of Parliament to
sent representatives, and observe the Post-Mortem examination. The preliminary
results of the Post-Mortem were inconclusive, and the team of Pathologists
referred certain samples to the Government Analytical Laboratories, for further
tests.
The samples were sealed as required, and escorted to the
Government Analytical Laboratories (GAL) by, among others, the MPs who had
witnessed the Post-Mortem.
At GAL, such samples are, as routine procedure, received
formally, their descriptions and quantities determined and documented, and the
nature of the requested analysis clearly recorded.
This procedure is vital, not just for scientific purposes,
but also as part the crucial 'chain-of-custody' requirement in criminal
investigations, and, ultimately, in criminal prosecution in court.
Any samples handled outside this procedure breach the
integrity of the forensic examinations, as well as making the final outcome
inadmissible in any potential criminal prosecution, and suspicious.
On Monday, the 17th of December, 2012, Police discovered
that certain samples from the body of the deceased had been irregularly
obtained by individuals not involved in the Police investigation, and without
knowledge of the Police.
Later in the day, after he had been confronted by CID, a
pathologist from Mulago
Hospital, Dr. Sylvester
Onzivua wrote to the Director of CID, informing the CID that he had been hired
by Parliament to carry out parallel forensic investigations into the death of
Hon. Cerinah Nebanda, and asked for the Director's advice.
In the evening, a meeting was convened at the offices of
the Executive Director of Mulago
Hospital, which was
attended by five members of Parliament, a team of Police officers led by the
Director of CID, two pathologists who participated in the Post-Mortem, and
scientists from GAL.
It was resolved that all forensic procedures be
consolidated under GAL, and that Dr. Onzivua would submit the samples in his
possession to the stipulated procedures.
Early this morning, in direct contravention of the law and
professional requirements, and before the Director of CID could respond to his
letter, Dr. Sylvester Onzivua attempted to smuggle the samples out of the
country. He was arrested at Entebbe
Airport, while in
possession of the samples.
As a general principle, and in the interests of
transparency and professionalism, Police allow representatives of families and
other relevant parties to observe, and even seek second opinions, in certain
matters under investigation.
This, however, must be done in accordance with the law,
while, at all times, observing all the requisite professional procedures that
would ensure that the results are credible, and would add value to the Police
investigation.
Should a person require extra samples for independent
analysis, the procedure demands that such person obtains the samples from GAL,
which would oversee the process, document it, and ensure that all scientific
fine points are observed.
In this instance, it is not clear what samples were in
possession of the third parties, how they were obtained, and the conditions
under which they were kept.
Moreover, Dr. Onzivua, who is a civil servant, had not been
cleared to travel out of the country, and neither had he obtained the authority
required to export the samples out of the country.
Dr. Onzivua is at the moment in custody of the Police, to
assist in the determining why he violated the laid down procedures and
regulations.
Any person found to have contravened the law shall be dealt
with accordingly.
Judith Nabakooba
Police Spokesperson
Uganda Police Force
18th December, 2012.
Police Spokesperson
Uganda Police Force
18th December, 2012.
