The DPP is challenging a decision by Makindye Chief Magistrates Court denying him an automatic takeover of a case in which Police Chief Gen. Kale Kayihura, and seven other senior police commanders are facing trial for police brutality against civilians.
The Director of Public Prosecutions- DPP has asked court to block private prosecutors from appearing in a case in which he is seeking to take over the prosecution of Police Chief Gen Kale Kayihura.
The DPP is challenging a decision by Makindye Chief Magistrates Court denying him an automatic takeover of a case in which Kale Kayihura, and seven other senior police commanders are facing trial for police brutality against civilians.
The senior police officers were prosecuted by private lawyers allegedly for torturing former presidential candidate Dr Kizza Besigye's supporters. The key incidences, upon which the trial is based, were recorded from the suburbs of Kalerwe, in Kawempe Division and Busabala road, in Makindye Division.
The DPP sought High Court review of the matter based on the advice by Makindye Chief Magistrate Richard Mafabi for a formal application to the court through which it would be determined if it's necessary for the state to take over the proceedings of the case.
Principal State Attorney Lino Anguzu told court presided over by Justice Joseph Murangira today, that section 50 of the Criminal Procedure Act, demands that only the DPP has a right to appear in the matter and not any other party. He however said that lawyers representing the accused persons can be allowed to be part of the session.
Daniel Walyemera, one of the private lawyers prosecuting Kayihura and his commanders objected to the request saying the case is a public interest matter in which presence of the initiators is paramount. He adds that asking for denial of representation is diversionary.
Later, Kiwanuka Abdallah, another prosecution lawyer told court that they had made consultations and resolved that the DPP takes over the trial. Kiwanuka however added that the private prosecuting firms should actively participate in the investigation and the trial.
Presiding Judge Joseph Murangira will deliver a ruling on the matter tomorrow.