Security guards remanded for failing to foil robbery

May 06, 2020

Buganda Road Court Grade One Magistrate Asuman Muhumuza read them the charges. They all denied having committed the offence.

KAMPALA - Two security guards have been charged and remanded to Kitalya Min Prison for allegedly failing to prevent theft yet they knew about it.
 
Jacob Ogwanga 24 and Daniel Omiria 29, all attached to Group Four Security (G4S) were on Wednesday charged with neglect to prevent a felony, an offence contrary to section 389 of the Penal Code Act.
 
Buganda Road Court Grade One Magistrate Asuman Muhumuza read them the charges. They all denied having committed the offence.
 
Ogwanga is a resident of Naguru, Nakawa division II, whereas Omiria resides at Mbuya Zone II in Kampala district.
 
Prosecution led by Patricia Cingatho informed the court that investigations regarding the matter are complete.
 
"Your honour, we pray that you fix the matter for hearing because inquiries are complete," Cingatho said.
 
This prompted the Magistrate to adjourn the case to May 21, 2020, for hearing to commence.
 
"Since you have all denied the charges, be remanded to Kitalya Prison until May 21," Muhumuza ruled.
 
The law
 
Under the law, any person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion of the felony, commits a misdemeanour and is liable, if no other punishment is provided, to imprisonment of seven years, on conviction.
 
The Charge
 
Prosecution purports that on April 27, 2020, at Upper Naguru East Road plot 17 in Kampala district, the accused, knowing that the persons unknown were committing a felony to wit breaking and entering a unit of Denis Luiken at Bacnar apartments with intent to rob him, failed to use all reasonable means to prevent the completion thereof.

 

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