The Attorney General argues that there is nothing Constitutional in Tumukunde’s application that needs interpretation by the constitutional court, so the High Court can address his issues
The State quotes Tumukunde saying “If I was Rwanda I would wish to support people who want to cause change in Uganda," a statement which the Prosecution says that it was aimed at instigating the Republic of Rwanda to invade the Republic of Uganda to cause unlawful change of Government.
Tumukunde wants the Constitutional Court to interpret whether the functions of the Attorney General under the constitution can extend to representing individual officer who have been personally accused of human rights violations
Ssekaana said that since the election process has already started and is still ongoing, issuing an interim injunction may bring political confusion. The Judge later promised to hear the main case soon for which he fixed for September 18 2020.
The proceedings turned chaotic when Justice Ssekaana also declined to remove the attorney general from the list of the respondents which would make Akullo remain on the suit alone. The judge accused the lawyers of precipitating the drama that ensued.
According to Akullo, her action of summoning Tumukunde is lawful and in line with the Constitution and the Police Act. She says Tumukunde just wants to halt police investigations into matters she describes as ‘serious’.
A meeting on Monday that included International Crimes Division -ICD Judges, Counter Terrorism Police Officers, Prisons, Directorate of Public Prosecutions and Defense lawyers agreed that for the safety of the participants from Covid-19 and other possible security risks, the trial will be conducted inside the prisons.
On Thursday, the defence lawyers led by Anthony Wameli and the State Attorney Marion Ben-Bella met in Justice Duncan Gaswagga’s chambers and told the court that they have not been able to access their clients in jail to seek their consent on trying them via video conferencing.
The report shows that prosecution will rely on ten items including 49 cartridges, two projectiles, five fragments, 18 mobile phones, one Central processing unit dell type, 20 simcards, three memory cards, four Airtel simparks, 18 sim cards, four motorcycles and police vehicle registration number UP4778 where the trio was gunned down.
Anguzu said the accused persons and their lawyers couldn't access key physical exhibits like the vehicle in which the trio was shot dead, motorcycles, guns and other weapons used to execute the murder on Saturday last week as planned.
Mukulu’s decision to withdraw the application was communicated to court by his lawyers, Anthony Wameli and Geoffrey Turyamusiima on Thursday afternoon. Their client appeared in court via video link from Luzira Upper Prison.
A group led by the five directors of the National Federation of Professional Cyclists Network contends that the restrictions are not acceptable in a free and fair democratic society. They add that the restriction on the bodaboda transport business is unjustifiable when other means of transport are operating normally.
The Assistant Director of Public Prosecutions Lino Anguzu on Tuesday told the court presided over by Justice Duncan Gaswagga that from the time the suspects were committed for trial about two years ago, a lot of things have not yet been put in place.
In their application filed by Geoffrey Turyamusiima, the lawyers had sued Government and Health Minister, Dr. Jane Ruth Aceng for excluding them from the list of essential service providers and there by denied them chance to represent their clients.
On Thursday, Justice Esta Nambayo directed the Attorney General to produce Denis Okello and Charles Ongom Labeja who have been in detention since March 12th 2020. She has directed that they bring them before her court on April, 29th 2020.
The section was often cited by security officers to prohibit and disperse rallies and demonstrations organized by opposition politicians, for more than six years since the Act came into force. It specifically gave police officers a mandate to stop or prevent a public meeting held in contravention of the act and provided a two-year prison sentence, upon conviction, for those who defied police directives.
Prosecution led by Lino Anguzo, the Assistant Director of Public Prosecutions has objected to the application, saying Tumukunde has capacity to interfere with ongoing investigations once released.
They rely on the sworn affidavit by Senior Superintendent of Police, Richard Mugwisagye who is attached to the Criminal Investigations Directorate-CID Headquarters in Kampala.
