Magistrate rules against medical check- ups for Magara suspects

What you need to know:

Cause. The suspects’ lawyer made the request for check-up following allegations that they were tortured.

Buganda Road Magistrate’s court has ruled out the request for private medical check-up for the 10 people accused of killing Suzan Magara.

Grade One Magistrate Mr Robert Mukanza declined to grant the suspects permission for a private medical examination at the African Centre for Torture Victims; an independent organisation that would probe more into the allegations of torture as sought for through their lawyer.

“My court has no jurisdiction to entertain this application. I advise you to petition the High Court which can hear your application,” Mr Mukanza ruled.

The accused persons, through their lawyer Mr Abdu Hakiim Lukwago, had asked court for private medical care claiming that upon arrest, they were held in what they termed a “torture prison,” in an unknown location.

A case for the request
“They were denied rest, tied up in pairs, forced to sleep on steep stairs, put in extreme cold solitary confinements, treated to prolonged interrogations, beaten, subjected to electric shocks and their stomachs were stepped on to vomit the water that they had forcefully drunk,” Mr Lukwago said while making the request then, adding that this information was provided to him by his client.

He also submitted that the aim of the torment was to force his clients to confess to being responsible for the murder of Magara.

However, in reply, state prosecutor Ms Patricia Chingtho asked court not to allow the defence’s request, asserting that examinations of suspects can be done on Police Form 24 by a Police surgeon.

The suspects include the Imam of Usafi Mosque, Mahad Kasalita; Yusuf Lubega, 32, a boda boda rider; Hussein Wasswa, 22, a hawker; Muzamiru Ssali, 27, a boda boda rider and Hajara Nakandi, 35, a teacher.

Others are Abubaker Kyewolwa, 30, a businessman; Hassan Kato Miiro, 22; Ismail Bukenya, a businessman and Musa Abbas Buvumbo, 23.

Prosecution contends that the accused persons and others still at large on February 7, kidnapped Magara, who was a cashier with Bwendero Dairy Farm (BDF) with the intent to procure a ransom or benefit from her liberation from the danger of being murdered.

The indictment further states that the accused, and others still at large, on February 27 murdered Magara at Kigo in Wakiso District.

The deceased was kidnapped while driving to her home in Lungujja, Rubaga Division and taken captive for 20 days until she was murdered in cold blood and her body dumped a few metres off Entebbe Road.