KAMPALA, UGANDA: The International Crimes Division of the High Court has directed Prison authorities to produce the medical report of Kawempe North MP, Mohammed Ssegirinya, who is accused of murder.
Ssegirinya together with his counterpart Allan Ssewanyana (Makindye West) are facing charges of murder in connection to the machete killings that rocked the greater Masaka region last year.
Justice Jane Elizabeth Alividza on Thursday issued the directive after Ssegirinya complained that he was tortured by security operatives during arrest and detention.
Ssegirinya showed the judge the scars on his body while in court.
“I want to know the ailment suffered by Ssegirinya and the treatment offered to him whether specialised or not before I decide on the accused’s bail application,” she demanded.
Alividza has ordered the prosecution team to disclose evidence they intend to base on during trial to the lawyers of the accused.
The accused are represented by lawyers Ladislaus Kiiza Rwakafuzi, Medard Lubega Segona and Shamim Malende.
Charges
During the court session, the Chief State Attorney from the Office of the Director of Public Prosecutions (ODPP), Richard Birivumbuka told court that murder charges against the two legislators were not duplicated.
“The particulars, victims and the nature of the offences in the two files are completely different,” Birivumbuka submitted.
He was assisted by Joseph Kyomuhendo.
He, therefore, argued that the legislators were arrested, detained and remanded to Kigo Prison lawfully.
The Chief State Attorney also submitted that the charges of murder which were later preferred against the legislators after their release on bail are legal.
The National Unity Platform (NUP) MPs were first charged with the murder of Francis Kiiza Mugerwa, Sulaiman Kakooza and Taddeo Kiyima and attempted murder of Ronald Ssebyooto.
In September 2021, Masaka High court judge Victoria Nakintu Nkwanga Katamba released each of the legislators on a sh20m cash bail.
However, their freedom was short-lived after they were re-arrested at the gate of Kitalya Prisons and charged with the murder of Joseph Bwanika, which prosecution says was then still under investigation.
Prosecution alleges that the legislators and others still at large, caused the death of Bwanika, a resident of Kisekka B village, Kankamba parish in Lwengo district on August 2, 2021.
Abuse of court process
Birivumbuka also requested court to dismiss the bail application for not only being incompetent but abuse of court process.
He informed court that there is a constitutional petition in which the legislators seek to block their prosecution on the new murder charge and an appeal at the Court of Appeal in relation to the same matter, which according to him, amounts to abuse of court process.
Response
In rebuttal, defence lawyer Segona argued that it was an abuse of court process when the legislators were granted bail and security officers pounced on them under a new charge of murder.
“The law prohibits any person from interfering the decision of judicial officers. Once court grants bail it is the duty of state to ensure it is fulfilled,” he submitted.
Segona added, “re-arrest of the legislators was defiance and constituted abuse of court process and hence their detention is illegal.”
He argued that the constitutional petition was filed by a concerned citizen, Male Mabirizi when the legislators were in custody and as such it should not be visited on them.
Meanwhile, defence lawyer Malende informed court that the legislators were allowed by Masaka High Court to access specialised treatment from the hospital of their choice but the order was not respected.
Speedy trial
The accused also demanded a speedy trial, saying they have spent over 240 days in prison, leaving their constituencies unrepresented in Parliament.
“We request that you commence trial in the matter for final determination of the case because I feel I am not representing my people,” MP Ssewanyana pleaded.
Allegations
The MPs are accused of financing suspect Jackson Kanyike to commit acts of terrorism and that he (Kanyike) also participated in the murders that happened in Masaka sub region where close to 30 people were killed.
The judge will on June 29, rule on the accused’s bail application.
– NewVision
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