Iron sheets saga: Kitutu wants case dismissed over rights violations

Karamoja Affairs’ Minister, Dr Mary Goretti Kitutu has asked the court to dismiss a case in which she is charged with corruption-related cases regarding the loss of 9,000 iron sheets intended for the Karamoja Community Empowerment Programme.

Dr Kitutu 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 Mr Joshua Abaho, Senior Assistant Secretary on two offences of loss of public property and conspiracy to defraud before the Kololo-based Anticorruption Court.

However, before the start of the hearing of prosecution evidence, the minister alleged that she was denied legal representation, arbitrarily detained and that while in detention she was subjected to inhuman and degrading treatment.

She cited the degrading treatment like blindfolding and 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 alleges that the actions of the state agents and officers were calculated to deny her a fair hearing and to cast her as a villain in the public domain and that due to the malicious actions, her right to a fair hearing was irreparably and gravely compromised.

“She was immediately arrested upon arrival and subjected to an inquisitorial questioning by a mob of around nine 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

She is seeking a court order 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 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, the minister describing herself as a victim of human rights violations alleges that her non-derogable right to a fair hearing was violated through the denial of disclosure of exculpatory exhibits and documents in possession of the state.

Meanwhile, Justice Jane Kajuga halted the trial until September 14 for the determination of the application.

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