Kuvi explains police interviews

By ZEDAIAH KANAU
A RECORD of interview (ROI) does not form the defence’s case and is not compulsory for it to be taken during the investigation process, a magistrate says.
Central Court Magistrate Laura Wawun Kuvi said the interview or police interview was part of police investigations and defendants may either attend or refuse it based on the presumption of innocence, according to the constitution.
Magistrate Kuvi made the clarification to five defendants who were committed to face a trial for alleged arson in the National Court.
The defendants had submitted for the case to be struck out because relevant police processes were not complied with and that there was no police interview conducted.
“ROI is the definition that’s generally given, but it’s a police interview,” Magistrate Kuvi said.
“Police interview is part of police investigations.
“When police are conducting their (investigations), they go and collect all necessary evidences from eye witnesses, medical doctors, experts if they need any of those experts.
“The interview is usually the last.
“After they collect all the evidence, they then invite the defendants over to the police station to conduct this interview.
“I use the word invite because a lot of people confuse the interview as a compulsory process that they are compelled to attend this interview.
“That is not the case, it’s a choice.
“You can decide to attend the interview or you can refuse to attend the interview; this is because of our constitution which says that every person is presumed innocent until proven guilty.
“When you’re attending the interview, you have a right to defend yourself under the constitution, you can refuse to attend that interview.
“The ROI doesn’t form part of the defence case, it’s the prosecution’s evidence and its part of the investigation and it’s one part of the total evidence that is given in court.”
Magistrate Kuvi said the arresting officer had already taken the necessary measures by contacting the defendants for an interview but they refused.
“By implications, they’ve refused the invitation by police to turn up for the interview and that is their right under the constitution and in essence, chose to remain silent and not give a reply.
“That cannot act negatively towards them but on the same boat it cannot be said that, that should affect the committal process just because an interview was not conducted,” she said.
The five will return on Tuesday for their statement while on bail.