Court acquits woman arrested in husband’s drug case

The High Court last week acquitted a woman who was linked to the smuggling of 26kg of heroin last year.  

Diana Bortel Ohisa, 37, was arrested by Interpol in Kampala, Uganda, and transferred to Juba after her husband, a drug suspect, disappeared from home never to be seen.

According to advocate Godfrey Victor Bulla, Diana spent one month and 4 days under the custody of the Ugandan authorities without any arrest warrant.

 “Accused no 6 (Diana) has been arrested illegally for an offence that the husband is alleged to have committed. It is a violation of constitutional rights of anybody in this country that you cannot arrest somebody for an offence for somebody else, because the criminal offence is private and personal,” she said.

Bulla said the decision of the court to acquit her client is a restoration of justice against the injustice of imprisonment for a crime she has not committed. And, that it should send a signal to the police and the public prosecution attorney that one cannot arrest somebody for an offence one is not responsible for.

 “It is not just the police, the prosecution attorney or legal profession that must hang their collective heads in shame; the Republic of South Sudan has also largely abandoned its obligation of holding those violating the rights of others in the names of the state. This has left many victims lost faith in our police as they arrest people instead of arresting criminals,” she said.

The advocate added that those who are obliged to implement and enforce the law of the country should abide by the procedures required to apprehend criminals but avoid turning into criminals themselves by committing crimes such as arresting innocent people by fabricating falsehood.

“The action of the prosecution to fabricate false accusation against my clients and subsequent arrest for an offence she has not committed offend and violate article 19 (5) of our constitution of 2011 and all its amendments which aver that no one shall be charged with any act or omission which did not constitute an offence at the time of the commission,” said the advocate.

The ploy

Bulla added that the fabricated version of the story by the police and the prosecution was to cover up the drug smuggling incident that happened at Juba International Airport on November 30, 2021.

Bulla was speaking at the High Court last week when the court publicly brought criminal charges against five people involved in drug trafficking.

 However, according to the South Sudan Police Spokesperson [name], Diana works at the airport hence could have been used as a conduit for moving the cargo to her husband.

Suspicion arises

“I think she is working for one of the airlines so she was responsible for the cargo and the suspicion came as a result of her being concerned about the consignment which was coming from outside and that is how we suspected her,” the spokesperson said.

Justin also said that the heroin case seems complicated and he still believes there was a link between the suspects.

“Even if we are charged with not being professional maybe it is due to some technical expertise which we are supposed to have because these cybercrimes sometimes need very high technology to get accurate information,” Justin said. 

The high court charges were all presented by the prosecutor who read the date, time and places where the criminal activities allegedly took place.  

The accused were arrested by the anti-drug department in November 2020, at Juba International Airport in possession of 26 kilograms of heroin.

They include two Kenyans, two Nigerians, and a South Sudanese woman.

The prime suspects are two Kenyans – Brian Osmego Fitao, 31; and Jackson Cairo Moniga, 35 – and two Nigerians – Dudo Noma, 45; and Christopher Anahnon, 23; and Zedida Andro Alizo, 27 – a South Sudanese citizen.

The High Court judge Alexander Sabur presided over the case. It will head to a formal trial session on July 12, 2021. 

South Sudan law stipulates that whoever commits the offence of aggravated unlawful dealing in a dangerous drug, upon conviction, shall be sentenced to death or life imprisonment.