High Court places police officer between a rock and hard place

GEITA: POLICE officer, Corporal Matthew Lusangia has the option to either pay a fine of 500,000/- or serve a three-year prison sentence for soliciting and receiving an 800,000/- bribe from a citizen accused of harbouring illegal immigrants and practicing sorcery.

The decision follows a ruling by the High Court in Geita, which upheld the conviction for corrupt transactions and the alternative sentence imposed on Corporal Lusangia, the appellant, by the District Court of Nyang’hwale.

Judge Griffin Venance Mwakapeje confirmed that the prosecution, which called seven witnesses, proved the case beyond a reasonable doubt. He stated that the defence provided by the appellant lacked credibility.

“Consequently, I affirm the conviction and sentence issued by the trial court. I deem the appeal devoid of merit and hereby dismiss it in its entirety. It is so ordered,” Judge Mwakapeje declared in the judgment delivered recently.

During the appeal hearing, the appellant argued that the prosecution had not met the required standard of proof in criminal cases.

He also claimed that the trial magistrate had erred in both law and fact by failing to evaluate the evidence properly and neglecting to consider the defence presented.

After reviewing the submissions from both sides, the judge concluded that the evidence clearly showed that the appellant had received money from the complainant under the pretext of avoiding fabricated charges.

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The judge noted that the testimonies of the prosecution witnesses were consistent and mutually corroborative, particularly regarding the demand for money, the amount involved and the eventual payment.

One witness, a militia member, testified that he had accompanied the appellant during the investigation and had witnessed him soliciting 1,000,000/-, which was later reduced to 800,000/-.

Another witness confirmed that they had gone to collect the money that had been lent to the complainant.

Furthermore, the judge noted that the appellant’s interception on a motorcycle to collect the funds suggested premeditation and an intention to exploit his position for personal gain.

The evidence presented by witnesses also established that the appellant had used his authority to extort money from the complainant.

“Summoning the complainant and persisting in the demand for money despite the lack of incriminating evidence further demonstrates an abuse of official authority… The appellant’s claim that the corruption allegations were fabricated is unconvincing, as it is unsupported by evidence and appears to be an afterthought,” the judge said.

The prosecution’s case was that, on an unspecified date, the appellant received intelligence suggesting that the complainant was harbouring illegal immigrants and practicing sorcery.

While carrying out his official duties on April 14, 2023, the appellant approached the complainant, informed him of the alleged offences and demanded 800,000/- to refrain from pursuing legal action.

On September 7, 2023, the appellant was charged, found guilty and sentenced after a full trial. In his defence, the appellant denied the bribery allegations, claiming they were part of a premeditated scheme to obstruct his investigation into the death of a child

. He acknowledged being at Bulangale Village on the material date to investigate the unnatural death and contended that the complainant was involved in purifying the deceased’s body and was a traditional healer.

The evidence led the trial court to conclude that the prosecution had proven the case beyond a reasonable doubt, resulting in the appellant’s conviction.