Assistant Superintendent of Police (ASP) Clive Nsiima’s career is on the line after the police disciplinary court recommended his dismissal as he battles offences related to the same incident in criminal court.
After convicting ASP Nsiima of behaving scandalously in the police disciplinary court on Friday, he was produced in City Hall Court, a criminal court, and charged with assault and malicious damage of property before he was remanded to Luzira Prison.
ASP Nsiima is accused of assaulting Ms Pellan Atuhumuriize, a shop attendant at a fuel station in Kyanja, a Kampala suburb, on October 7. Ms Atuhumuriize said the police officer assaulted her after she demanded that he pay for the items he and a female friend had picked from the fuel station shop.
The incident was captured on a CCTV camera and the video circulated on social media, prompting his arrest. In a Monday statement, the police said their disciplinary court recommended his dismissal from the Uganda Police Force.
‘He appeared in the police disciplinary court on Tuesday, October 7, and Friday, October 10, where he was charged with behaving scandalously. The court recommended a sentence of dismissal,’ a statement reads in part.
If ASP Nsiima doesn’t appeal the sentence, his case will be submitted to the Police Authority, which has the power to dismiss an officer at the rank of ASP and above. The Police Authority is chaired by the minister of Internal Affairs.
Other members on the Police Authority are: the Attorney General, the Inspector General of Police, the Deputy Inspector General of Police, a senior officer in charge of administration at the headquarters of the Force, and three other persons appointed by the President.
The Minister of Internal Affairs, Maj Gen (rtd) Kahinda Otafiire, has previously expressed his opinion of dismissal of officers, saying it isn’t a good thing since it affects many people beyond the defaulter.
Despite the police disciplinary action, ASP Nsiima was also produced in a criminal court on offences related to the same incident. Unlike many suspects escorted in handcuffs, he walked gracefully with one hand in his pocket, flanked only by plain-clothed officers.
According to the charge sheet prosecution alleges that ASP Nsiima willfully and unlawfully damaged a mobile smartphone, Infinix Hot 10, Blue in colour, the property of Ms Atuhumuriize.
ASP Nsiima pleaded not guilty to the offences before presiding Senior Principal Grade One Magistrate Nicholas Aisu. Senior State Attorney Mercy Yamangusho informed the court that investigations were complete, requesting that a hearing date be set.
‘Investigations are complete, Your Worship. We seek a hearing date,’ Ms Yamangusho told the court. However, Nsiima’s lawyer, Mr Hamza Kyamanywa, rose to inform the court that the complainant and accused had since reconciled, citing Section 160 of the Magistrates’ Courts Act, which encourages reconciliation in certain criminal matters.
‘Your Worship, I am instructed to inform the court that the complainant and the accused have since reconciled.
The complainant has filed an additional statement to that effect. In the circumstances, I seek to apply for bail for the accused. We have three sureties present in court,’ Mr Kyamanywa said.
But the prosecution strongly opposed bail, arguing that the accused’s conduct as a law enforcement officer aggravated the offence.
‘The accused is a police officer whose role is to keep law and order. The fact that he has been charged with an offence of violence against a woman, a girl, for that matter, leaves a lot to be desired,’ Ms Yamangusho stated.
After hearing both submissions, Magistrate Aisu reserved his ruling. ‘This court will deliver its ruling on the bail application on October 16,’ the magistrate said.