Lira High Court was on Wednesday forced to have a trial within a trail after the accused person told court that he was forced to make a statement by a police officer whom he failed to identify in court.
Okwany Patrick a 39-year-old resident of Adakdede village, Okwalongwen Sub County in Dokolo District has been charged with aggravated defilement after his clan members handed him over to police on grounds that he defiled his 14-year-old daughter on 2.10.2014.
The confusion started when a police CID officer who was then attached to Dokolo police station Oremo Albino was brought forward as a witness, he told court that the accused confessed to having defiled his daughter after a domestic argument with his wife Epoo Janet whom he had chased out of their matrimonial house to sleep in the kitchen.
Oremo added that in his statement, the accused confessed that having remained with only his daughter and her younger siblings; he developed sexual desire that forced him to abuse her.
However through his lawyer Adar Patrick of Adar and Company Advocates, the accused denied having confessed any crime to the police insisting that he does not know Officer Oremo who claims to have recorded his statement because he signed it under a lot of pressure.
He went ahead to tell court that he was beaten by clan elders before being taken to police although medical reports now before court states that the accused had no physical injuries and was medically fit. All these prompted the judge to suggest a ¨Trial within a trial¨ to which the counsels agreed.
During the trial, the CID officer maintained that the accused was cautioned before giving his statements that whatever he said would be used against him in court but he willingly gave his statements and counter signed without any pressure as he claims.
Another witness account, a police officer to whom Okwany was handed over at Bata police station confirmed to court that when he was acting normal, he wrote a statement confessing to the same crime on which he was transferred to Dokolo Police Station for further investigation.
He also denied any pressure against the accused that might have forced him to counter sign what he did not confess to as the accused is claiming.
When asked to identify the two officers who wrote his statements and were now testifying against him in Court, Okwany shocked everyone in the Courtroom especially the judge because he kept saying he does not remember them at all even when they were asked to move forward for proper viewing.
¨I do not know these police officers. I recorded only one statement at Dokolo Station. I don´t remember the officer who recorded my statements as he was doing it so fast with a lot of pressure. All I know is that he was wearing a black trouser and a T-shirt and I am sure he is not here now,” Okwany told court. Justice Alex M Ajiji adjourned the case to June 25th to give time to Court to attend to other cases before court.