In criminal investigations, proper police conduct and thorough evidence verification are essential for establishing case credibility; when investigating officers fail to properly document evidence, investigate all leads, or treat suspects with dignity, it can undermine the integrity of the investigation and lead to contested court proceedings where the accused may challenge the validity of evidence and police actions.
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Deep Dive
Man accused of stealing Gold ring from Ex-German officer claims he was tortured by policeAdded:
You are not the time You call me on the phone.
Let me threaten me.
You did not establish the owner of the land.
I mean You told me that I beat you and started to run.
>> [clears throat] >> That was wrong.
What about this?
You are the owner of the land.
You are the owner of the land.
Mr. Mr. So much On the 15th of March Yes.
On the 15th of April March You are police officers. Yes. You are police officers and you arrested When?
On 8th.
What? It was on 8th, yes. It was on 9th.
July. You said 8th. No, no. This is the date it was reported.
On that particular date, did you arrest me of this alleged lost items? Any of them? Yes.
On that particular date Yes. did you arrest me with these alleged No.
Yes.
Yes. you do know that you do sell it.
Yes.
Yes.
You didn't? We did.
You said that uh I stole a golden ring.
Uh not you, but the good by but they could be mine.
I stole golden ring.
iPhone Pro Max and the other phone is a Sony Xperia.
And some amount of money, 650 comma a transfer.
If I may ask, did you further go on to investigate because you are the investigating officer?
Did you further went on to investigate who this Caleb Onyango was because you have my ID there. My ID is still there.
I gave you your ID.
You took my ID. I gave you your ID. No.
You took my ID.
I had my ID original in the front of the court, but you didn't give it back.
I gave you your your ID.
So, did you went further to investigate who this Caleb Onyango was because you had my ID there and I'm Michael Owuor?
I'm Michael Owuor.
Yes. So, did you went further to investigate who this Caleb Onyango up to right now? We don't know that the the real number has been switched off. Have you switched it off?
Yes. So, you don't know who this Caleb Onyango is? We don't know.
I'm not Caleb Onyango. I know.
I'm Michael Owuor. Yes.
Okay. You said that I gave this Sony Xperia phone to a juvenile.
Yes.
Where is this juvenile? We can take you to pass to his home in the area where he used to live in the village. How can you know? How can Can you produce quotes that we went there with you?
And this Mary Awuor gave you this Sony Xperia that again we have to claim that again She had already recorded a statement even though right now it's going to be fun. I don't know maybe she is your relative but she had already recorded a statement.
How can you know this my relative? There is a statement there in the file there.
How old are you I know you you should represent if you you claim that I gave you phone Yes. you should represent this person that He is your representative.
in the court to push >> representative. to state the statement to the your honor. What is your representative?
But even though he has been located from their home.
Last time He was on the phone with the relative. Last time I said that the I had advocate say that again.
He came and recorded statement on both of them at there. Wait. She had I've never seen this lady by the name By the name Mary Ann Namu.
I've never seen him.
But you've recorded that she's a She was your cousin and you were the one who gave us this uh number. She's my She [snorts] you said that she was your cousin.
And you were the one who gave us you gave us her number. I I said this is my cousin. Jael agreed.
I'm talking about I'm talking about Mary Ann Namu. You have not Mary Ann Namu.
You gave her a number. Mhm. You are the one who took us to her home.
So how can you prove this I took I took you to Mary Ann Namu and I was there your honor. Who is this Mary Ann Namu? Why is this Mary Ann Namu?
I was there. [snorts] Where is this Mary Ann Namu? You are there yes. She recorded the statement. You can bring that to the to court your You can find that bring that to this court. Can I tell you your Because I don't know this Mary Ann Namu.
Another question Mr. Inquire.
You said that I gave the other phone the other iPhone to Jael.
Yes. [snorts and clears throat] Which you said that I said that she was my cousin too yes.
Where is this Jael?
>> [cough] >> She recorded a statement with my advocate Mugoma.
Mhm. You have somebody but she has also switched off her phone.
How do you How do you guys work? I thought if someone is following you should be tracking phones.
Going if you found out that I gave him, why could you come with him here?
It is then that to show court to court that this is me and my team with this phone or where is the complainant's statement?
And she wants to come and testify. Where is Where is she? Where is she now?
You are supposed to find her.
She must testify.
So and you said that uh I was told a golden ring worth 750,000. It was by the complainant. Complainant, but you were investigating. Yes. Did you find this golden ring? Yes. Did you find it? You never You never. Yes. But you found two phones.
Yes. With whom?
The people whom we met at The people whom My lady, now I told them to testify. I didn't sell it to anyone.
Yes. I didn't sell it because I didn't know anything about this case.
In fact, when you arrested me you guys took me to the garage forest and you beat me terribly, if you can remember. No way. No, and you took my phone and took even my password there.
That my phone even right now doesn't have password. It is switched off by the Can you open it right now? It is switched off by the We cannot open the phone. But like you took me to the garage forest, you said that the the complainant paid you to go and bring this golden ring. In fact, you needed this golden ring. I'm not lying. You could not still in the first day the day we were brought to court here.
On the first day The one I was brought here. It was Yes, it was Denmark that we started this case. But is there You never find the owner.
Yeah, this is my owner. And I'm telling him You are lying to the court.
I'm not lying to the court. You are the one lying to the court.
I'm telling what you told me. And what you did You did to me.
No, you are lying.
But my phone.
Yes, it's your phone. It's my phone.
Yes.
Is that Is my phone has a password? Kuna password size? You don't know.
You don't know. This is your job. No.
The moment you You guys beat me at Lugala Forest and took my password.
Uh by the time you ask you I don't know mnafanya investigation or whatever. You took everything.
And you found with that only my phone.
Yes.
>> And all these things that you're claiming that I took you found them in different people.
Found in different people. And these people I'm telling you to represent them in the court to prove that I gave them I sold these things to them. Why can't you bring this? Why are you not bringing them to court?
>> you have you have somebody in the court.
Because lady from Bugoma she has switched off the phone. But you're going to trace her and arrest her. We are going to to serve her with the summons of the court. You want For that case. For that case as well.
You want to um request you please give this Mr. Kifwaye this case.
He's my investigating officer. Go and get these people because No, after I've finished with the consideration Yeah.
I will send you the Okay.
So, Mr. Kifwaye Yes, sir. The letter said that I I transferred to the phone number to M-Pesa number 0 88 That's the number.
>> To the number at the number 0106367162.
Yes.
So, have you gone forward to notify this Airtel number because the other time you told me you went to Safaricom hours >> [clears throat] >> to check in the system.
>> [cough] >> But you never gave the because you are in the other court. You never gave You never gave a an evidence that uh this person took this [clears throat] Caleb Onyango.
So, what I should know who is this Caleb Onyango that uh transferred this I told you that that that that number is an Airtel number. It was switched off 3 months ago after you arrested him.
Then he switched off 3 months ago.
>> [snorts] >> So, you don't know this person? Yes.
And this person is not me.
Right?
That's not you.
Thank you.
Your honor, I rest my case.
Your honor, I have some questions for the witness.
This witness Your honor, I have some questions for the witness.
Um for the two mobile phones that were completely in at least they um iPhone iPhone gold pouch and a Sony Xperia.
They were listed with the company Facebook.
You [clears throat] don't have some different accounts.
And then another family is And the case of someone's creation to Jan Gabriel Atieno.
Okay. is all.
Yes.
Yes.
You took my phone, too.
They are not yours. I don't know that.
>> [clears throat] [cough] >> Thank you.
Thank you.
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