A Statement of Truth – part 1

Posted on 02. Apr, 2010 by in an appeal for help

STATEMENT OF TRUTH Signed by D.Reid  Time: 2010.03.28 10:29:09

Index

1. Statement of Incident & Events
2. Constitutional Rights violations
3. Court Dates – Kibera Law Courts
4. Letter of Complaint to Kenyan Law Society

Statement of Incident & Events

My name is Delroy Reid and this document is a statement of truth written by
me, all the provided information is accurate and precise to the best of my
knowledge & ability. The purpose of this statement is to tell my family, friends
and those in any position to assist or help, what has happened to my life since I
have been retained in Kenya for almost 12 months without ethical due process
or trial.
 
On Friday May 29th 2009 I travelled to Kenya for a brief visit and the promise of
work. I had agreed a maximum stay of just 20 days due to various pending
commitments back in London. One of the most important was the duty I had to
my Aunt, my closest relative who suffered long term illness. Recently out of
surgery she relied heavily on my daily visits for care and support. I had for this
reason postponed the trip on 2 previous occasions. I arrived in Nairobi, Kenya
approximately 6.30am on Saturday May 30th 2009 .

Met by taxi and my associate Judy Lubulwa, I was taken to my lodgings. For
almost a week I worked alongside Ms Lubulwa and other associates. I retained
regular contact with my Aunt and friends until the evening of Tuesday 9th June.
On this particular evening Ms Lubulwa had kept open her own small internet
business so I could send some emails before retiring to bed. I had suffered a
small bout of food poisoning in the previous two days so since Sunday I had not
been online.

I approached the cafe and met her in the office. As the place was empty she
offered me a free choice of where to sit. I began to surf whilst Ms Lubulwa left to
attend to her own matters. Less than 10 minutes later I heard raised voices
coming from behind the door connecting the cafe to the house . I recognised one
voice as Ms Lubulwa but the other was male. Without any doubt there was a
fierce argument taking place. I continued to surf although I began to question
whether I should leave. As I placed my notebook and glasses in my bag I heard
Ms Lubulwa scream, almost instantly I approached the door and called her
name, then asked her to confirm she was alright. She did not answer but instead
I heard a chilling shriek and placed my hand on the door handle . I felt I had to
open the door to confirm what was going on. Opening the door I saw Ms
Lubulwa struggling with a man I later learnt was her separated spouse. But
more alarmingly he had her fingers in his month

below is a concise map of events that followed..

Tuesday June 9th 2009 (approx 11.15pm)

I ask the man to free her because she is in obvious distress . He simply ignores
me and keeps biting Ms Lubulwa’s fingers I approach him and try to remove her
fingers but I’m not getting anywhere. I try pulling his head away but we all fall
heavily to the ground . There is a large amount of blood I have to strike him
twice in the nose before he releases her hand. I cannot comfortably restrain him
and with blows raining down on me I try and defend myself by fighting back. As

I am over powered Ms Lubulwa tries to also restrain her husband but he pushes
her away My nose is bloodied and I cannot get off the floor without getting hold
of him but again he attempts to bite into my fingers. The pain is unbelievable
and puts me into real survival mode I now fight as hard as I can muster and the
husband lets my fingers go we wrestle in the internet cafe exchanging blows
until he seems to run out of energy. I request he just stays on the floor and
calms down he agrees and Ms Lubulwa and I look for a phone to call Police but
the husband leaps up and begins fighting again Ms Lubulwa stands behind me
whilst I exchange blows with the husband who then turns and runs through the
door I give chase and tackle and restrain him some 200 yards down the road
local security guards arrive from a adjourning compound and appear to call
Police.

Tuesday/Wednesday June 10th 2009 (approx 1.05am)
 
Police arrive after being called several times, including Mr Reid prompting
security to call them twice after the initial call due to their lack of response.
Finally Police arrive and request we actually take the complainant to hospital, we
agree but cannot find his car keys so a taxi cab is called. The cab driver refuses
any one access to his vehicle due to the blood messing the seats.

Wednesday June 10th 2009 (approx 1.45am)

There are now 8 Police officers & 4-5 security at the incident and they have
asked me 3 times what happened, I do not speak the language or understand
most of what is being said although I have told them this several times. I have
also given my name on every occasion and stated I am in fact a UK citizen and
my passport is in my room a 1 minute walk from where we are, again I have
offered to take an officer to see it but they decline 3 times. Now an ambulance
which was called arrives to take the complainant to hospital

Wednesday June 10th 2009 (approx 1.55am)

Police tell us we are to accompany them to Kilimani Police station to make a
statement, there is no clear official arrest or handcuffs used and the vehicle is
not a marked police vehicle.

Wednesday June 10th 2009 (approx 2.10am)

At the Police station it becomes clear after our personal effects are taken and we
are searched something different is going on I then insistently request the right
to contact my UK Embassy (BHC) and immediate family members but the officer
states there is no need as we will be questioned and released in the morning
after statements.
 
Thursday June 11th 2009 (Police Custody –Early morning)

I am still in Police custody and my requests for contact with the BHC and
immediate family have been ignored. At the early morning roll –call I am
assaulted in front of other detainees because I cannot understand the language
when my name is called. I am also sick and dehydrated due to no food or water
for almost 5 days, having suffered a 2 day bout of stomach problems due to mild
food poisoning prior to incarceration. I continually refuse food & water though in
protest of the violation of my human and constitutional rights.
I am urged by other detainees to eat and drink but I refuse, also the Police have
now been told by detainees I am in fact a UK citizen not a Ugandan although I
have told them repeatedly.

Thursday June 11th 2009 (Police Custody approx 1pm)

Police officers enter the cell and carry me out insisting they are taking me to the
hospital but I strongly oppose it as we have learnt the complainant’s family have
visited the station. I now fear for my safety after threats were made by police
officers during the early morning roll call to the other defendant. I am left lying
on the Police station floor for over 3 hours; finally a C.I.D Police officer arrives
and has me sat in a chair. He then attempts to finger print me but I refuse to
co-operate stating my rights have not been observed and the 24 hour charge
period has thus been exceeded.

Friday June 12th 2009 (Court Appearance)

Leave for Kibera court around 6.30am where we are charged with assault, both
myself and the other defendant plead not guilty due to the fact we know the
case has been tampered with. 

Constitutional Rights Violations

1. Was not ever arrested (no handcuffs applied to even show intent to arrest
or restrain) or given clear indication of intention to arrest, even when
prompted officer did not specify my rights or his intentions other than to
seek a statement at the station – which they have never ever taken

2. Held longer than 24hrs without charge, without access to BHC or leave to
contact immediate family even after several requests.

3. Denied an interpreter although the Police were aware I was a foreign
national, I had no way of knowing my rights or what was taking place.

4. Never been provided details of charge (charge sheet) the required P3
document was not produced in court.

5. Fabrication of charge to retain us in custody , during June 12th hearing the
prosecutor stated that the complainant was in a coma although this was
known to be false evidence (the son had visited the complainant on June
10th & 11th and stated the father was awake and all injuries were
superficial)

6. False allegations and charge of being illegal immigrant in Kenya although
the court has retained my British passport and have had the ability to
verify these claims for several weeks.
 
7. I was assaulted 3 times by police officers at Kilimani Police station, 2
incidents by more than one officer.

Continued in A Statement of Truth – part 2

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