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Iron sheets saga: Kitutu wants case dismissed over rights violations
L-R: Mr Micheal Naboya Kitutu, Ministry of Karamoja Affairs Senior Assistant Secretary Joshua Abaho and Karamoja Affairs Minister, Mary Goretti Kitutu in the dock at the the anti-corruption court in Kololo on April 27, 2023. PHOTO | ABUBAKER LUBOWA
Karamoja affairs minister Dr Mary Gorretti Kitutu has asked the court to dismiss a case in which she is charged with corruption related cases regarding loss of 9,000 iron sheets intended for the Karamoja Community Empowerment Programme.
Dr Kitutu who is also the Woman MP for Manafwa District alleges that she was tortured by security agents and detectives of the Uganda Police and other state organs during investigations into the case.
She is jointly charged with her brother Michael Naboya Kitutu and Senior Assistant Secretary at the Karamoja ministry Joshua Abaho on two offences of loss of public property and conspiracy to defraud with the cases before the Kololo based Anticorruption Court.
But before the hearing of prosecution evidence started, Dr Kitutu said that she “was denied legal representation, arbitrarily detained and subjected to inhuman and degrading treatment while in custody.”
On Friday, she cited degrading treatment like blindfolding, driving her to Kayunga District in the dead of the night in a manner calculated to force her to admit to crimes that she had not committed.
Dr Kitutu further argues that the actions of the state agents and officers were aimed to deny her a fair hearing and to cast her as a villain in the public domain, irreparably and gravely compromising her right to fair hearing.
“…she was immediately arrested upon arrival and subjected to an inquisitorial questioning by a mob of around 9 security persons about issues to do with stores of iron sheets which were procured for Karamoja region,” reads the complaint revealing that she was arrested upon going to meet the director of CID, Maj Tom Magambo.
Orders sought
The minister now wants court to declare that officials and agents of the Uganda Police, the Parliamentary committee on presidential affairs and other state institutions subjected her to cruel, inhuman and degrading treatment during the course of their investigations against her.
“A declaration that the investigations into the alleged theft of iron sheets meant for Karamoja Community Empowerment Programme and the resulting criminal charges were irreparably tainted with gross abuse of the applicant (Kitutu)’s non-derogable rights with the effect that the resultant trial is a nullity in law,” reads the complaint.
Through her lawyers, Dr Kitutu, highlights that her right to fair hearing was violated through denial of disclosure of exculpatory exhibits and documents in possession of the state.
The trial court under Justice Jane Kajuga further halted the trial until determination of the application.
“The application before this court is raising issues of fundamental human rights and court is enjoined to take action. If the question of human rights is raised, court is expected to sit up and take action,” the judge noted.
Justice Kajuga set September 14 for hearing the application.
