Dear members,
I have received confirmation that pathologist Sylvestre Onzivua of Makerere
University has been arrested by Police over his involvement in facilitating a
conclusive investigation in the sudden and suspicious demise of Butaleja
District Woman MP Cerinah Nebanda Arioru, an adulterated pronounciation of
Alioru. (I'm told the fallen MP's father is from Maracha).
The Ugandan Parliament & Nebanda's family reportedly contracted Dr Onzivua to
fly the samples to a South African laboratory for conclusive toxicological
tests.
Police now say that Onzivua obtained samples of body parts of the fallen MP
irregularly. Detectives say he violated law and procedure on doing post-mortem,
and is helping them establish how he acquired the samples, the circumstances of
their custody and who authorised him.
No details where Onzivua is being held. I don't have his contact or of his
family. If you do, kindly get in touch as we piece up the story for publication
in tomorrow's Daily Monitor.
Full police statement below:
PRESS STATEMENT
As the Inspector-General of Police had briefed the public yesterday; Police
commenced investigations following the tragic death of Hon. Cerinah Nebanda,
and, among other routine procedures, requested Mulago Hospital to conduct a
Post-Mortem examination on the body of the deceased.
Police allowed the family and some members of Parliament to sent
representatives, and observe the Post-Mortem examination. The preliminary
results of the Post-Mortem were inconclusive, and the team of Pathologists
referred certain samples to the Government Analytical Laboratories, for further
tests.
The samples were sealed as required, and escorted to the Government Analytical
Laboratories (GAL) by, among others, the MPs who had witnessed the Post-Mortem.
At GAL, such samples are, as routine procedure, received formally, their
descriptions and quantities determined and documented, and the nature of the
requested analysis clearly recorded.
This procedure is vital, not just for scientific purposes, but also as part the
crucial 'chain-of-custody' requirement in criminal investigations, and,
ultimately, in criminal prosecution in court.
Any samples handled outside this procedure breach the integrity of the forensic
examinations, as well as making the final outcome inadmissible in any potential
criminal prosecution, and suspicious.
On Monday, the 17th of December, 2012, Police discovered that certain samples
from the body of the deceased had been irregularly obtained by individuals not
involved in the Police investigation, and without knowledge of the Police.
Later in the day, after he had been confronted by CID, a pathologist from
Mulago Hospital, Dr. Sylvester Onzivua wrote to the Director of CID, informing
the CID that he had been hired by Parliament to carry out parallel forensic
investigations into the death of Hon. Cerinah Nebanda, and asked for the
Director's advice.
In the evening, a meeting was convened at the offices of the Executive Director
of Mulago Hospital, which was attended by five members of Parliament, a team of
Police officers led by the Director of CID, two pathologists who participated
in the Post-Mortem, and scientists from GAL.
It was resolved that all forensic procedures be consolidated under GAL, and
that Dr. Onzivua would submit the samples in his possession to the stipulated
procedures.
Early this morning, in direct contravention of the law and professional
requirements, and before the Director of CID could respond to his letter, Dr.
Sylvester Onzivua attempted to smuggle the samples out of the country. He was
arrested at Entebbe Airport, while in possession of the samples.
As a general principle, and in the interests of transparency and
professionalism, Police allow representatives of families and other relevant
parties to observe, and even seek second opinions, in certain matters under
investigation.
This, however, must be done in accordance with the law, while, at all times,
observing all the requisite professional procedures that would ensure that the
results are credible, and would add value to the Police investigation.
Should a person require extra samples for independent analysis, the procedure
demands that such person obtains the samples from GAL, which would oversee the
process, document it, and ensure that all scientific fine points are observed.
In this instance, it is not clear what samples were in possession of the third
parties, how they were obtained, and the conditions under which they were kept.
Moreover, Dr. Onzivua, who is a civil servant, had not been cleared to travel
out of the country, and neither had he obtained the authority required to
export the samples out of the country.
Dr. Onzivua is at the moment in custody of the Police, to assist in the
determining why he violated the laid down procedures and regulations.
Any person found to have contravened the law shall be dealt with accordingly.
Judith Nabakooba
Police Spokesperson
Uganda Police Force
18th December, 2012.
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