Through their lawyers led by Ladislaus Rwakafuuzi, the eight men asked the court to declare that the Director of Public Prosecutions and the Attorney General had violated their rights and freedoms, as enshrined in the constitution. Rwakafuuzi noted that the DPP violated the applicants right to liberty and right to a fair hearing when he commenced and continued their prosecution.
City Hall Senior Magistrate Valerian Tuhimbise on Wednesday evening delivered a ruling directing that the file be sent to High Court to investigate the allegations of human rights violation during Tumukunde arrest, detention in police custody and prison.
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.
Denis Okello and Charles Ongom Labeja who have been in detention since their arrest on March 12th were on April 29th 2020 charged with obstruction by Nakawa Chief Magistrate Ruth Nabaasa, according to the court documents URN has seen.
In their fresh application, Tumukunde’s lawyers, say it's practically impossible for their client to get bail given the conditions spelt out by court. The application is backed by a sworn affidavit by the suspect’s wife, Stella Tumukunde, saying they can’t secure the required sureties since the suspect retired from the army.
The Nakawa Chief Magistrate, Ruth Nabaasa formerly read for the accused two counts of obstruction. Prosecution alleges that while at Plot 12 Impala Avenue in Kololo Kampala City, on March 12th and 13th the accused willfully obstructed detective Sergeant, Michael Jackson Okello and Detective Superintendent of Police, Richard Mwesigwa from searching and removing material exhibits from the said premises.
The prosecution alleges that Tumukunde on March 5th 2020 at NBS TV Kamwokya in Kampala District during the Morning Breeze Program uttered statements calling for an unlawful change of the legitimate Government of Uganda.
Court presided over by the Chief Magistrate Ruth Nabaasa has ruled to an application seeking for unconditional release of the said people saying that there is no proof of details to show that the lawyers fully served the copy of the application to Police.
“On the alleged deductions, without your client’s consent, we are in the process of verifying the claims. As you may note, the alleged transactions span a considerable period several years ago”, reads the letter in part.