By Sania Babirye
Kampala high court Judge Esta Nambayo has thrown out an application by the attorney general seeking to dismiss a torture case that was filed by Mityana municipality MP Francis Butebi Zaake against four Mityana senior police commanders in April this year for giving relief food to his voters at the beginning of the COVID-19 lock down.
This is after state attorney Johnson Natuhwera informed court that he was not in position to avail the deponent ; Moses Mugisha to be cross- examined on the contents of his affidavit which Zaake and his lawyer are claiming to be not true but just hear say evidence.
The judge has now ordered all parties to file and exchange written submissions to each other and return to court on the 29th of September 2020 .
Zaake was later charged with defying a presidential directive on COVID19 at the Mityana magistrate court which the DPP has then dropped.
his application, Zaake has also named the Wamala Regional police commander, Bob Kagarura, Alex Mwine; the Mityana district police commander, Elly Womonya; the commandant Special investigations unit and Abel Kandinho; Head CMI as being responsible for torturing him after he was arrested on the 19th of April 2020 from his home at Buswabulongo village in Mityana district by both Millitary and police officers.
Hon. Zaake further claims that after being taken at Mitiyana police station, the said senior security operatives slapped, kicked and sprayed in his eyes un unknown substance which almost destroyed his seeing nerves .
He has now run to the high court seeking an order to compensate him in form of damages after the said police officers violated his human rights while in police custody.
Zaake also wants the high court to stop criminal proceedings slapped against him for distributing food calling them unconstitutional.