Wednesday, 19 December 2012

Amazing contradictions: Has the Ugandan police become a totally rotten and bogus institution: Nebanda: Health cleared Pathologist's travel, MPs camp at Police



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.

Police in U-turn, confirm arrest of pathologist over Nebanda’s postmortem



By TABU BUTAGIRA

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.