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High Court dismisses appeal by convicted police officer
Muhereza had challenged his conviction on grounds that the trial magistrate failed to properly evaluate the evidence, misapplied the law on arbitrary acts and wrongly barred him from holding public office for 10 years.
High Court dismisses appeal by convicted police officer
By: Barbra Kabahumuza, Journalist @New Vision
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The High Court Anti-Corruption Division has upheld the conviction and sentence of Assistant Superintendent of Police (ASP) Muhereza Junior Andrew for abuse of office in connection with the irregular seizure of 197 timber logs belonging to a private company.
Justice Michael Elubu dismissed Muhereza’s appeal and confirmed the sentence imposed by the Anti-Corruption Court.
Muhereza had challenged his conviction on grounds that the trial magistrate failed to properly evaluate the evidence, misapplied the law on arbitrary acts and wrongly barred him from holding public office for 10 years.
However, Justice Elubu found that the prosecution had proved all the ingredients of the offence beyond reasonable doubt.
Court heard that on November 25, 2019, Muhereza, then the officer in charge of Acacia Police Post under Kira Police Division, conducted a search operation at a timber yard belonging to Performance Furnishings Uganda Ltd in Kawempe.
According to the prosecution, Muhereza, dressed in police uniform, first booked himself at Kawempe Police Station before proceeding to Katale Police Post where he reportedly introduced himself as an officer attached to the Uganda Revenue Authority (URA) conducting investigations.
He later went to the company’s timber yard and informed workers that the logs had to be transported to URA headquarters for scanning.
The company officials proposed that the scanner be brought to the site instead, but Muhereza allegedly rejected the proposal.
Court heard that 197 logs were subsequently marked, loaded onto three trucks and removed from the premises.
Court heard that on November 25, 2019, Muhereza, then the officer in charge of Acacia Police Post under Kira Police Division, conducted a search operation at a timber yard belonging to Performance Furnishings Uganda Ltd in Kawempe.
According to the prosecution, Muhereza, dressed in police uniform, first booked himself at Kawempe Police Station before proceeding to Katale Police Post where he reportedly introduced himself as an officer attached to the Uganda Revenue Authority (URA) conducting investigations.
He later went to the company’s timber yard and informed workers that the logs had to be transported to URA headquarters for scanning.
The company officials proposed that the scanner be brought to the site instead, but Muhereza allegedly rejected the proposal.
Court heard that 197 logs were subsequently marked, loaded onto three trucks and removed from the premises.
Muhereza also issued a search certificate, signed under the name “AIP Mitango”, and informed company representatives that they could use the document to follow up on the logs at URA headquarters.
The following day, company officials reportedly discovered that the logs had never reached URA and that there was no record of the operation.
The matter was reported to the Police Professional Standards Unit (PSU), which later recovered 196 of the logs from Goods Shed in Kampala.
In his appeal, Muhereza argued that he had merely accompanied security operatives conducting a legitimate operation and believed he was assisting law enforcement officers.
He maintained that his actions amounted to an error of judgment rather than an arbitrary act and insisted that the prosecution had failed to prove abuse of office.
'Premeditated breaches'
Justice Elubu noted that evidence showed Muhereza booked himself at Katale Police Post using a false reference number, concealed his identity and falsely presented himself as a URA officer.
The court further found that he supervised the removal of the logs and issued a false search certificate.
“The appellant’s actions went beyond mere errors of judgment. They were premeditated breaches,” Justice Elubu ruled.
The judge added that a police officer is expected to protect property, enforce the law and prevent crime, and that Muhereza’s conduct amounted to a deliberate abuse of public trust.
“It is an abuse of public trust for a police officer, who has these obligations, to wilfully break the law in complete disregard of his statutory mandate,” the judge stated.
Muhereza also challenged the order barring him from holding public office for 10 years, arguing that it was unlawful and excessive.
But Justice Elubu held that the disqualification was mandatory under Section 46 of the Anti-Corruption Act for persons convicted of corruption-related offences.
“The order to disqualify the appellant from public office is a mandatory consequence of a conviction under Section 11 of the Anti-Corruption Act,” the judge ruled.
The trial court had convicted Muhereza of abuse of office and sentenced him to pay a fine of sh3.36 million or serve one year in prison in default.
He was also ordered to compensate the victims with sh300,000.
Justice Elubu upheld all the orders, concluding that the conviction was safe and the sentence lawful.
“The findings, orders and sentence of the trial court are confirmed,” the judge ruled while dismissing the appeal.
The following day, company officials reportedly discovered that the logs had never reached URA and that there was no record of the operation.
The matter was reported to the Police Professional Standards Unit (PSU), which later recovered 196 of the logs from Goods Shed in Kampala.
In his appeal, Muhereza argued that he had merely accompanied security operatives conducting a legitimate operation and believed he was assisting law enforcement officers.
He maintained that his actions amounted to an error of judgment rather than an arbitrary act and insisted that the prosecution had failed to prove abuse of office.
'Premeditated breaches'
Justice Elubu noted that evidence showed Muhereza booked himself at Katale Police Post using a false reference number, concealed his identity and falsely presented himself as a URA officer.
The court further found that he supervised the removal of the logs and issued a false search certificate.
“The appellant’s actions went beyond mere errors of judgment. They were premeditated breaches,” Justice Elubu ruled.
The judge added that a police officer is expected to protect property, enforce the law and prevent crime, and that Muhereza’s conduct amounted to a deliberate abuse of public trust.
“It is an abuse of public trust for a police officer, who has these obligations, to wilfully break the law in complete disregard of his statutory mandate,” the judge stated.
Muhereza also challenged the order barring him from holding public office for 10 years, arguing that it was unlawful and excessive.
But Justice Elubu held that the disqualification was mandatory under Section 46 of the Anti-Corruption Act for persons convicted of corruption-related offences.
“The order to disqualify the appellant from public office is a mandatory consequence of a conviction under Section 11 of the Anti-Corruption Act,” the judge ruled.
The trial court had convicted Muhereza of abuse of office and sentenced him to pay a fine of sh3.36 million or serve one year in prison in default.
He was also ordered to compensate the victims with sh300,000.
Justice Elubu upheld all the orders, concluding that the conviction was safe and the sentence lawful.
“The findings, orders and sentence of the trial court are confirmed,” the judge ruled while dismissing the appeal.