Police still gathering evidence to pin Ssegirinya, Ssewanyana, court defers case

The state prosecutor in a case in which two MPs, Allan Ssewanyana (Makindye West) and Muhammad Ssegirinya (Kawempe North) are accused of murder and aiding and abetting terrorism has told a magistrate in Masaka that police are still gathering evidence to pin the legislators in the High Court where they are expected to stand trial.

The two MPs were first accused of murder, attempted murder and aiding and abetting terrorism alongside several other suspects arrested in connection with last year’s spate of killings that left 26 people dead in Greater Masaka. They were later granted bail but re-arrested as they left prisons, and slapped with fresh charges. The case has since been adjourned several times either due to the absence of the prosecutor or on the state’s request for more time.

In their requests for adjournment, the state has on several occasions argued that the evidence collected by police thus far is not sufficient for the MPs to be committed to High Court for trial. This prompted the defence lawyers to petition Uganda Human Rights Commission (UHRC), arguing that the rights of the two legislators who belong to the Opposition National Unity Platform (NUP) party led by former presidential candidate, Mr Robert Kyagulanyi aka Bobi Wine, had been violated.

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The lawyers claim the ailing legislators were tortured while in detention following their arrest in September 2021 and that they have been denied access to their private doctors. One of the defence lawyers, Ms Shamim Malende (Kampala Woman MP) told Masaka grade one magistrate, Ms Christine Nantegge, this morning (Wednesday) that they were irked by the manner in which prisons authorities have handled their clients and the slow pace at which UHRC has reacted to their petition.

“Although the court has on several occasions directed the Uganda prisons authorities to allow the legislators access private medical attention, they have continuously disobeyed this order. We have gone ahead to petition the UHRC about the violations but the process is so slow that our clients have not got justice. In that regard, we seek court indulgence, may be through the administration of the judiciary to ensure that court’s orders are obeyed when they are issued,” Ms Malende told court on Wednesday.

This was after the state prosecutor, Mr Richard Birivumbuka who skipped court on December 21, 2021, asked for another adjournment, on grounds that police are still investigating the case. Ms Malende argued that although the state has six months by which they are expected to complete investigations, they (state) “should know that each case must be taken on its merit and the state should not use this as a leeway to keep the MPs in custody especially given the fact that he (prosecutor) is aware that this case is unique as it involves representatives of people. The health condition has also not been addressed to date.”

“If the state does not have evidence against the legislators let them drop the charges, or let the state be given the last adjournment to complete investigations into this matter because the continued holding of Ssegirinya and Ssewanyana in custody has a great impact on the people they have to represent in Parliament,” Ms Malende added.

Mr Birivumbuka, however, advised the legislators to apply for bail if they feel investigations are taking too long to be complete. “The state is doing its best to ensure that inquiries can be completed into the murder case so that they can be committed to the High Court for trial,” he contended. The magistrate however, directed the state to expedite investigations into the case and also issued fresh orders directing the prisons authorities to allow the legislators access their private doctors for better medical attention. She adjourned the case January 19, when the MPs are also expected to return to court for further mentioning and update on the status of the police investigations.