J udge opens PI into murder in Kumba police cell

Justice Ngoe E. Mbando of the High Court of Kumba Friday June 22, 2007 opened Preliminary Inquiries into the alleged Killing of Mr. khan Ernest Ndoh in the Kumba Central police station on March 31, 2006. A witness summons served on the uncle of the deceased, Khan Awasi Williams, state that the inquiry is opened against one Ashu Daniel Bapu, who is suspected to have assaulted Khan Ernest in the cell and caused his death.
Read more about the death of Khan Ernest

But an autopsy report of Douala-based forensic expert, Dr. Moune Andre state among other things that Mr. Khan was hit violently in the back of his head with a round hard object such as a baton and sustained a severe fracture of about 10cm in the skull, and that he convulse before dying.

A judicial Police Officer, OP Epee Dipanda, who was in charge of the cell when Khan Ernest collapsed and eventually died is helping the prosecution in its case. Global Conscience Chief Executive Officer who has been following the matter from the death of the suspect in custody says it will be a very hard nut for the prosecution as they would have to convince the court how Ashu Daniel Bapu came into possession of the suspected murder weapon, and also tender the weapon in evidence.

According to Samba Churchill, the police should be held responsible for the death of Khan Ernest either by commission or omission. Mr. Samba had stated in a petition to the Minister of Justice on April 24, 2006:

“We understand it is the responsibility of the state to protect life, and that police are the immediate actors in the realisation of this noble quest. We also understand that it is incumbent on the police to assist any persons in danger of losing their lives. That the police did not ensure that Mr. Khan was not tortured in their custody, and failed to assist in rushing him to the hospital when he collapsed, suffices for a conclusion that they caused the death of Mr. Khan by commission or omission and must take the responsibility as such”.

Global Conscience Chief Executive has said the circumstances of the arrest and detention of Mr. Khan Ernest and his subsequent death in the cell are still very murky, and must be cleared before justice can be seen to have been served and not only done.

Global Conscience Initiative, a member of the Coalition for the International Criminal Court, is following up the matter very closely, and has said the death of Mr. Khan Ernest can be categorized under Extra-judicial and summary execution.