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    Top Judge To Handle Case In Which Traffic Police Boss Was Fired From The Force For Causing Death Of Bodaboda Cyclist Who Burnt Himself…

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    Sgt. Ibrahim Ssesanga (L) and the late Walugembe (R)

    Justice Micheal Elubo, the head of the High Court Civil Division Kampala is set to handle a controversial suit where a top traffic police boss was fired from the force for causing the death of a bodaboda cyclist.

    Justice Elubo set 12th January 2021 as the date to hear the matter in which Sgt. Ibrahim Ssesanga, police officer No.335544, challenged the decision by the Police Appeals Court to dismiss him from the force without giving him a fair hearing.

    Ssesanga through his lawyers of Matovu Katerega and Company Advocates want Court to quash the decision of Uganda Police Appeals Court contained in Min 16/10/2020 which upholds the punishment of his dismissal from the force.

    He also wants court to put a permanent injunction restraining the Inspector General of Police (IGP) Martin Okoth Ochola, Police Council and Police Authority from implementing the decision made against him by the Police’s Appeals Court.

    He also asked court to re-instate him as a serving officer in the force and pay him general damages for the inconvenience caused by the decision of the Police’s Appeals Court.

    In his affidavit,  Ssesanga stated that on 12th of November 2020, he received a letter dated 19th of October 2020 signed by the secretary of the Police Appeals Court informing him that his appeal dated 4th August 2020 was heard under minute Min8.16/10/2020 and it was dismissed and the punishment of dismissing him from the force was upheld as made by the police’s lower court.

    He told Court that the police court was not fair while dismissing him from the force where he has served for over 15 years with a clean record.

    “The Court did not consider that it was necessary to prove the ownership of the motorcycle before the same could be handed over. It is a requirement in traffic police that before handing over a vehicle impounded by police, proof of ownership must be presented by the person seeking the release,” Ssesanga stated.

    He insisted that there was no evidence to prove a case of scandalous manner upon which he was convicted on corruption charges.

    He noted that the sentence of dismissal from the force was harsh and a lesser sentence would have been fair given that he was a first offender and the only breadwinner for his three school going children.

    He told Court that he was not informed of the date when the Appeal was to be heard even though he was anxious to be present and present his Appeal before the Appeal’s Court, he was just informed that the Appeal was determined without hearing from him.

    “I am advised by my lawyers of Matovu, Katerega and Company Advocates, whose advice I believed to be true that the failure to hear me out rendered the whole process illegal, unconstitutional, null and void. I know that had I been present, there was no way the conviction could be upheld in absence of evidence to prove that I was involved,” he added.

    He insisted that his left hand was seriously injured and he sustained serious fire burns that spread from the fire which was started by Hussein Walugembe, the deceased.

    He added that as he was running to save his life from fire, he fell on a sharp object and sustained serious abdominal injuries.

    Ssesanga was dismissed from the force after being accused for causing the death of Hussein Walugembe who burnt himself after police confiscated his motorcycle and asked him for a bribe for violating the guidelines put in place to fight the spread of COVID-19 pandemic.

    Before his death, Walugembe said that he tried to talk to Ssesanga because he knew him to release his motorcycle but he refused until he gave him a Shs.100,000 bribe.

     

    By Sengooba Alirabaki

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    CRIME

    We Don’t Want A Country Where People Are Being Picked Up By Drones And No One Is Held Accountable – Muntu Warns On Rampant Broad Day Light Kidnaps…

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    Mugisha Muntu

    Former presidential candidate, Gen. Mugisha Muntu has warned on the rampant abductions that have taken lead in the country.

    Muntu statement was premised on the rising cases of gunmen picking civilians off the streets or their homes in drones.

    Muntu emphasized that they don’t want a country where people are being picked up by drones and no one is held accountable, and the government doesn’t speak out even when issues are raised.

    “What we see currently on the surface of things seems to be calmness, but beneath is a situation that we all need to focus on.”

    He explained, “We have two forms of fear. One is the fear that is deeply engraved in the minds of those people in power. They fear relinquishing power, and therefore, it drives them to do the things they do.

    “Unfortunately, in this country, we have never had a peaceful transition, which is abnormal, and therefore, we need to focus on where we are heading. It is not too late.”

    Muntu insisted that they need to use the platforms where they can speak and break the culture of impunity that keeps growing.

    “The principle of separation of powers in institutions is not working. Parliament is just a shadow of what Parliament is supposed to be. On the surface you might think that there is peace but below, the situation is worrisome,” he intimated.

    He added that sectarianism is a symptom of a larger problem.

    “If we want to have fairness, we have to ensure that whatever we practise, is rooted in these values of fairness, justice and equity, among others.”

    Muntu made the remarks at Golf Course hotel today during a Public Dialogue under the theme ‘Ending Secretarianism and Tribalism.’

    Today, a man in civilian attire accompanied by the three men wearing military fatigue and armed with assault rifles kidnapped Mr. Rafik Khan, a car dealer at Kireka C in Kira Municipality, Wakiso District at 5pm.

    Residents and Mr. Khan’s colleagues looked on helplessly as the armed men dragged the businessman into a waiting Toyota Probox car.

    This is on the heels of over 15 NUP supporters who have recently been arrested from various parts of the country by men moving in drones.

    Democratic Party president, Nobert Mao, who also doubles as the Minister of Justice and Constitutional Affairs hailed Muntu for taking a strong stand against extra-judicial killings by those who wanted to take the law into their own hands.

    He argued that as they discuss the framework for the truth and reconciliation process, they must agree on what truth and reconciliation are not.

    “I have to give credit to Gen. Mugisha Muntu because of his militant and strong stand against extra-judicial killings by those who wanted to take the law into their own hands,” he adduced.

    He maintained, “Let me state what the truth and reconciliation process is not. It is not good to be confused about the aims of the truth and reconciliation process.

    “The truth and reconciliation process should not conduct a formal legal process and should not duplicate the work of criminal investigations, initiate court actions, among others, on matters already covered by other organs.”

    Mao noted that however, there are some trends that will lead them to conclude that colonialism played an important role in the false start that Uganda made as they headed towards independence and the years after, adding that he doesn’t believe that all the blame goes to the colonialists.

    “The North is seen as the “underprivileged backyard”. As Uganda went to independence, historical accidents disarmed the north of their fears that they had a position in an independent Uganda.”

    He propounded, ” Therefore, even a Munyankole that has made money is seen to have been corrupt. An Acholi who hasn’t killed anybody when they go to Luwero will be a suspect.

    “There was perceived dominance of the North, Baganda, and western Uganda. This was looked at as a problem that should be seen through sectarian lenses.”

    Mao therefore emphasized that a national truth and reconciliation process is the only thing that can salvage this country.

     

    By Kalamira Hope

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    CRIME

    Nile Treasure Gate Company Limited Bosses In More Trouble After Deadly CID Detectives Fly To Saudi Arabia Over Illegal Human Organ Business…

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    Nile Treasure Gate Company Limited Bosses in court (top) and Judith Nakintu, whose organ was harvested

    Troubled Nile Treasure Gate Company Limited Bosses are in more trouble after Dr. Maj. Tom Magamba, the police Director for Criminal Investigation Department (CID) gave a green light to his deadly detectives to travel to Saudi Arabia to investigate the illegal human organ business.

    Mariam Muhammad and Abubaker Kato, the Nile Gate Company Limited Directors and their board members Jennifer Nalunga and Ali Hassan are battling with the offences of human trafficking at the High Court Crimes War Division.

    State alleges that the accused persons together with others still at large knowingly in 2019 recruited Judith Nakintu to be taken to Saudi Arabia to work as a house helper where her kidney was removed without her consent.

    State disputed the medical report from Saudi Arabia which indicated that Nakintu developed the disability on her body after getting an accident when the car she was travelling in with other employees overturned and some of her colleagues died on the spot.

    State further noted that Nakintu and her family were not informed of the said accident but learnt later that she lost her kidney when she was taken to Mulago hospital to examine why she had developed the disability on her body.

    Joseph Kyomuhendo, the Chief State Attorney who is leading a team of prosecutors from the office of the Director Public Prosecution (DPP) told Justice Suzan Okalany, the pre-trial judge that the investigations into the matter is still ongoing because it has to be done internally and externally.

    He revealed that detectives who are working on the file have flown to Saudi Arabia to collect more evidence against the accused persons.

    “My lord, investigations into this matter are partly internal and partly external and are still going. The internal investigations have been completed while a group of detectives have flown to Saudi Arabia to finalise the external investigations. We pray for one month to finalise them,” Komuhendo said.

    However, the accused persons’ lawyers led by Caleb Alaka protested the prayer of the state insisting that it violates his client’s right of speedy trial and pleaded to the judge to release the accused persons on grounds of lack of prosecution by the state.

    He submitted that for an accused person on a capital offence to be committed to the High Court for trial, the state has to first establish that investigations are complete and it was wrong for the state to commit the accused persons to the High Court for trial when investigations were still ongoing.

    Kyomuhendo rejected Alaka’s prayers particularly on releasing the accused persons on bail claiming that the pre-trial judge lacks jurisdiction to entertain the said bail application.

    Justice Okalany promised to deliver her ruling on bail application of the accused persons in October 2022.

     

    By Sengooba Alirabaki

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    More Tears For Legislators Ssegirinya, Ssewanyana After Court Rejects Their Plea To Consolidate Murder Files Against Them….

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    Legislators Ssegirinya and Ssewanyana

    Embattled Kawempe North Member of Parliament Muhammad Ssegirinya and his counterpart Allan Ssewanyana of Makindye West are in tears after losing another application where they were pleading with court to consolidate all the murder, terrorism, attempted murder charges against them.

    In her ruling, Justice Alice Komuhangi Khaukha, the Judge of the High Court Crimes War Division dismissed their application noting that the applicants don’t have powers to consolidate the said criminal files.

    “I also need to observe that Section 23 and 24 of the TIA that regulate the joinder of offences and persons use the word ‘may’ and not ‘shall’ leaving it at the discretion of the Director Public Prosecutions to determine which offences and persons to jointly charge. This discretion may only be interfered with upon satisfaction that there was abuse of the legal process.”

    “Counsel for the applicants vehemently argued that charging the applicants separately was an abuse of the legal process. However, no evidence was adduced to the satisfaction of this Court to that effect. In conclusion, this application hereby fails and is accordingly dismissed with no order to costs” Justice Komuhangi ruled.

    The ruling resulted from an application where the accused persons through their lawyers led by Kampala Lord Mayor Ssalongo Erias Lukwago wanted to consolidate file number CR-AA-258/2021 Uganda versus Ssewanyana, Ssegirinya and Wilson Ssenyonga alias Tonny Nyonga and Criminal Case No. 004 of 2022 Uganda versus Ssewanyana,Ssegirinya and six others, to be consolidated into one file and be heard at once.

    Lukwago insisted that by not consolidating both files, it will be an abuse of Court process and violation of the accused persons rights.

    In her ruling, Justice Komuhanga stated that as a Judge of the Crimes War Division, she cannot order a fellow judge at the High Court Criminal Division siting in Masaka to bring the file before her to be consolidated together and heard by one judge.

    She added that consolidation of Court files can only be allowed when files are before the same judge.

    She further explained that when she consolidates both files, the accused person Ssenyonga will remain without any file to be charged on because he is being charged on one file with the legislators.

    State claims that the accused persons were the mastermind of the pang wielding men who killed 28 elderly persons in greater Masaka and a number of them survived with injuries on their bodies.

    State further claims that the legislators’ mastermind the murders to put President Yoweri Kaguta Museveni’s government in bad light.

    By Sengooba Alirabaki

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