Opposition’s hopes that senior police officers including Gen Kale Kayihura would appear in the dock at Makindye Chief Magistrate’s Court on Wednesday to answer to charges of highhandedness were dashed after both complainants and the accused missed the first hearing of the case.
Protests spearheaded by both rival parties rocked court premises, creating unease and fear of possible violence.
After meeting lawyers of both camps, Chief Magistrate Richard Mafabi presided over the much-anticipated proceedings.
The complainants’ lawyers tasked court to pronounce itself on the absence of all the accused as summoned by court.
“The accused have not appeared in court today and have not explained their absence. We want court to pronounce itself on this issue,” Abudalla Kiwanuka, one of the complainants’ lawyers, pleaded.
“We ask court to order their arrest and production in court.”
The implicated officers have since been transferred from their posts and others sent for training while Kayihura is hosting a delegation of police officers from Algeria.
The complainants who dragged Gen Kayihura and his senior commanders to court were absent.
When the chief magistrate requested to see the plaintiffs, their lawyers said they had feared to come to court.
“The complainants are under pressure and threats from unknown people. They feared coming to court,” said lawyer Nicholas Opiyo.
Opiyo told the Chief Magistrate that they had obtained a letter from the office of the Director of Public Prosecutions (DPP) intending to take over prosecution of the case.
“We have received a letter dated August 9 where the DPP intends to take over the matter but he ought to have done it in the formal way through an application or at least a notice and not a mere letter,” he told court.
Contest
The lawyer further argued that complainants would not be comfortable with the DPP taking over proceedings, adding that he has not satisfied conditions as enshrined in the Constitution before he is allowed to do so.
Before the DPP takes over a matter, argued Opiyo, he must clearly show that it is in interest of justice and done to prevent abuse of the court process.
“None of the conditions above has been fulfilled by the DPP. In fact in this case, the interest of the public is for the accused to be prosecuted in a private matter,” he added.
According to the DPP’s letter seen by this investigative website, he would like to take over the matter which is he said is criminal in nature.
“Desirous of exercising the mandate enshrined under article 120(3) of the Constitution and sections 13(1) of the Prevention and Prohibition of Torture Act, I do hereby apply to this honorable court to allow the Director of Public Prosecution take over and continue proceedings in the matter,” reads the letter signed by Immaculate Angutoke, the resident Senior State Attorney on behalf of the DPP.
The Chief Magistrate ruled that the DPP is mandated by the Constitution to take over any criminal proceedings but that an application must be filed to facilitate this process
“I have adjourned the matter to August, 29, 2016 so as to allow court listen to the DPP’s application,” ruled the Chief Magistrate, Mafabi.
Outside court, Kayihura’s supporters carried placards applauding him for maintaining peace and stability in the country.
The protesters said Kayihura had no case to answer and that he was being victimized for suppressing violent and lawless opposition processions.