Diplomat knocks man, eludes demands for compensation

On February 29, 2016, Patrick Olany, an employee of Bayport financial services, was allegedly knocked down by a speeding Nissan Xtrail CD 3022U, belonging to the Royal Danish Embassy, along Acacia Avenue, opposite Finca Bank.

Olany who was by then employed as a sales agent, at the company's Kololo branch, told New Vision that it was about 8am when he had something hit him hard from behind, as he walked along the road."I fell hard on the ground, hitting my eye on the stone. My arms, the back and the legs, all got bruised," he said. Due to the injury, he lost his job.

The 21-year -old father of one and soon to be father to his unborn second child, said that as he lay sprawled on the ground, he was able to see the vehicle number plate and color (red).

He said that he later learnt from onlookers that the car was being driven by a lady who is a diplomat from the Danish embassy.

Olany said that when the lady drove off, onlookers first thought he had gone to report the matter to police.However, after sometime, a one Peter drove him to Kiira Road Police Station where he reported the case.

He said that after undergoing a medical check under the orders of the police, recording his statement and that of a few onlookers who volunteered to act as witnesses, the police referred his file to the State Attorney for legal advice.

According to him, the state Attorney wrote to the ministry of foreign affairs inquiring about the driver of the car and it was revealed that Jacobsen Majbrit Holm, a diplomat from the Danish embassy, was the one driving it.

In July 7, 2016, the Regional Principle State Attorney, Samali Wakhooli, referred the case to the Resident State Attorney, City Hall court.Olany said that, at City Hall, he was told that Holme is a country diplomat who cannot be charged, instead he should get a lawyer to pursue his demand for compensation.

"I was advised to look for a lawyer to help me process letters of demand for compensation from the embassy since diplomats enjoy immunity from prosecution," he said.By then he had allegedly spent sh2.5m on treatment which he was receiving from Church road clinic in kamwokya and Grace medical centre in Kyebando.

He first approached the Law Development Centre Legal Aid Clinic, Makerere, which later wrote a compensation demand letter to the Danish ambassador, Morgens Perdersen."The complainant seeks compensation for the medical expenses incurred, financial assistance and support for his family as he goes through the healing process," reads the letter.

Olany who is currently surviving on hand outs from friends and family, said he went to the embassy but was told that Holme and Perdersen were out of the country and will return after a year.

On July 26, 2016, Owen Murangira & Co. Advocates wrote to Perdersen demanding that Olany be compensated.However, while delivering the letter, he was allegedly blocked at the gate and denied access to the embassy. Olany said that several attempts to get to meet the ambassador and ask for at least a compensation for the damage caused have be thwarted at the Embassy's gate.

In response to the allegations, the Embassy's head of administration, Charles Mulindwa said that they are aware of the case and have cooperated with the authorities to see that the matter is investigated and concluded.

 "We are aware of the allegation, which based on our inquiries and police findings so far, is false and unfounded. The motive and intentions behind it are still unknown. We have however fully cooperated with the authorities, to ensure that the matter is properly investigated and concluded," he said.

Mulindwa stated that the matter is currently being handled by Ministry of Foreign Affairs in Kampala.Ambassadors enjoy diplomatic immunity from arrests and prosecution. According to the Vienna convention on diplomatic relationships, an ambassador or diplomat can be sued or arrested if the sending country waives the immunity, in favor of public interest.