Senior Police officer’s case stalls over key missing witness

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The hearing of a case in which senior police officer Gilbert Arinaitwe Bwana is charged with aggravated trafficking in persons stalled on Monday (April 7) due to a missing key witness.

Chief State Attorney Joseph Kyomuhendo informed the court, presided over by Justice Alice Komuhangi, that they are still searching for the witness, whose name was not disclosed.

Kyomuhendo requested a two-week adjournment to locate and meet with the witness, prompting the judge to reschedule the hearing to April 22.

On December 18, 2024, Justice Andrew Bashaija, ruled that the prosecution had adduced sufficient evidence, warranting Superintendent of Police Bwana to stand trial before a judge.

The judge cited sections three and four of the Prevention of Trafficking in Persons Act, which states that anyone who recruits, transports, or receives a person through threat, force, coercion, abduction, fraud, deception, abuse of power, or vulnerability commits the offence of aggravated trafficking.

“The evidence presented shows that Bwana arranged and paid for the victim’s transportation from Kampala to Nateete Park and then to his home in Kampala, where he received her and provided accommodation. The victim worked as Bwana’s housemaid for a month, a fact confirmed by the police officer,” the judge noted.

Bashaija said Bwana’s own statements, coupled with those of the victim, place him (Bwana) directly at the scene of the crime.

The judge noted that the victim’s evidence is well-corroborated by medical and other scientific expert evidence.

Furthermore, the judge highlighted that the victim's aunt, Agnes Katushabe, had introduced the victim to the woman who promised her a job and provided shillings 40,000 for transportation, thereby establishing a clear connection between the parties involved.

Bashaija stressed that the evidence presented raises substantial grounds to believe that Bwana committed the offence.

The judge said the victim’s allegations were substantiated by compelling medical evidence, which revealed an old ruptured hymen, bruising, and inflammation.

He also noted that Bwana’s actions, as alleged by the victim, suggest that he exploited his position of power to coerce the victim into sex.

Bwana came to the limelight in 2011 after he smashed the car window of four-time presidential candidate, Dr. Kiiza Besigye, and sprayed pepper into his face during his walk-to-work protests at Mulago Roundabout in Kampala City.

The case

Bwana, a police officer attached to the Crime Intelligence Headquarters, is battling the charge of trafficking in persons contrary to section 3(1)(a) and(4)(h) of the Prevention of trafficking in persons Act 2009. The offence attracts a maximum sentence life imprisonment, on conviction.

Prosecution alleges that Bwana and others still at large on June 2023 at Nalumunye Bandwe Kyengera Town Council in the Wakiso District, recruited or maintained or confined or transported or transferred or harboured facilitated or received Joan Namukasa; by means of threat or use of force other forms of coercion or deception or abuse of power or position of vulnerability for the purpose of sexual exploitation or forced labour or involuntary servitude or debt bondage.

According to the police investigations, the victim confided in a friend (whose name has not been disclosed) about the traumatic experiences she endured. Namukasa alleges that she had been raped on multiple occasions and was subjected to forced confinement with minimal food and no salary payment.

The investigation revealed that upon learning of the victim’s ordeal, the friend contacted the local council defence secretary, who intervened to rescue the victim from Bwana's residence. The defense secretary accompanied the victim to Nateete Police Station, where she filed a statement.