By Sania Babirye
The High court in Kampala has pushed to January next year the hearing of the case in which Mityana MP Francis Zaake Butebi is accusing four senior police commanders of torturing him while in detention.
He was arrested for distributing relief food to his voters in April this year at the beginning the COVID-19 lock down.
Justice Esta Nambayo has ordered all parties involved in the case to file written submissions and report back to court on January 13th 2021 for mention of the case.
However, journalists were barred from court because this was a closed session. They however expressed dissatisfaction with the judge’s decision to bar them from following the proceedings today, yet they have been covering the case before.
On the 26th of August this year,justice Esta Nambayo threw out an application by the attorney general seeking to dismiss the said torture case .
This is after state attorney Johnson Natuhwera , informed court that he was not in position to avail the respondent ; 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.
Zaake was later charged with defying a presidential directive on COVID19 at the Mitiyana magistrate court which the DPP has since dropped for lack of interest.
In his application, Zaake names 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.
He claims that senior security operatives slapped, kicked and sprayed in his eyes un unknown substance which almost blinded him.
He wants the high court to issue an order to compensate him in form of damages after the said police officers violated his human rights while in police custody.
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.
The Mityana magistrate court has adjourned to the 2nd of September ruling on an application in which the director of public prosecutions Jane Frances Abodo asked court to take over a private case that MP Zaake instituted privately against six officers for allegedly torturing him while in detention.
The said officers include Mubende RPC Kagarura Bob, Mityana DPC Mwine Alex, SIU’s Twesigye Hamdan & Elly Womanya among others.
According to MP Zaake, the said officers tortured him after he was arrested on the 19th of April for disturbing relief food to his voters at the beginning of the COVID-19lockdown.
She then asked to take over the private case against the six aid officers but today, the rulling flopped because the trial magistrate and the said officers were not present in court.
Zaake has described today’s event as tactics by both the court and state to deny and delay him from getting the justice he deserved for torturing him.
By Sania Babirye
Nakawa chief magistrate court has ordered for the immediate release of Mityana municipality Francis Zaake.
The order has been been issued by chief magistrate Ruth Nabasa.
On the 24th of this month, Lawyers representing MP Mityana Municipality Francis Zaake petitioned Nakawa court demanding for his immediate unconditional release.
Through Eron Kiiza, the lawyers contended that their client had been held with out charge beyond the mandatory 48 hours since being arrested on the 19th of April.
According to the documents before Court, lawyers contend state that on April 19th, Zaake was arrested from his home located in Buswabulongo, Mityana Municipality in Mityana district by a joint force comprising of officers from the Uganda Police Force and Uganda People’s Defense Forces –UPDF taken to Kireka where he was detained.
The application was supported by Marvin Saasi a friend to Zaake who states that he received a phone call from Zaake on the day he was arrested that a group of policemen had surrounded his home and since then, family members and lawyers have attempted to apply for him bond but in vain.
By Moses Kidandi
Hundreds of opposition politicians have thronged the magistrates court in Gulu as the member of parliament for Mityana municipality appeared for his bail application.
Zaake is accused of escaping from police custody though he later appeared with a swollen face and badly damaged fingers is charged with treason with 30 others.
This was during the Arua municipality campaigns when they are accused of obstructing the Presidential motorcade and pelting the presidents car with stones and damaging its windscreens.
Member of Parliament, Zake was released on a non cash bond of 10 million shillings after Muwanga Kivumbi stood surety for him.
The legislator and 35 others are expected to appear in Gulu court on 14th march.Other MPs present at court were Kyadondo east MP Kyagulanyi Robert Sentamu, Wadri Kasyano,Latif Sebagal,Hon Semujju Nganda,Allan Sewanyana and Mathias Mpuga among others.
By Robert Segawa
Seven police patrol vehicles and one ambulance have cordoned off airport premises ready to transport back the Mityana municipality legislator Hon Francis Zaake who was earlier set to travel to India for treatment.
This is in response that the Mityana municipality legislator has been on the police wanted list amidst claims that he escaped from police custody.
This afternoon the immigration police had tasked the legislators lawyers and relatives to clearance letter from the director of Crime intelligence department Grace Akullo who asked the relatives of Hon to be transferred to Mulago referral hospital earlier this week.
The relatives however failed to comply to the police directive leading them the security agencies to block him from leaving the country.
The legislator has however missed the Fly Emirates flight which was meant to transport him to India for treatment.
By Robert Segawa
Mityana Municipality legislator Francis Zaake is still stranded at VIP lounge after security officer s at Entebbe international Airport demanding for clearance letter.
According to his lawyer Asuma Basalirwa the security officer on duty identified him self as Oloka asked them to produce a letter from director of crime intelligence department Grace Akullo.
Hon Zaake left Rubaga hospital this morning in an ambulance headed to India for further treatment.
However, authorities at the airport informed his care takers that he could not fly out of the country.
Zaake is reported to have sustained various injuries after they were allegedly tortured by security operatives on the eve of Arua municipality by election.
Earlier this week the director of CID Grace Akullo wrote to the Rubaga administration asking them to transfer Hon Zaake to Mulago referral hospital.
Zaake will travel with his wife Bridget Namirembe if granted permission to travel . Asuman Basalirwa also said family members and friends are footing the bill.