The state attorney at Buganda Road Court has asked court to dismiss an application filed by embattled former Buyende DPC Muhammad Kirumira seeking orders for his unconditional release from police custody citing lack of jurisdiction by the magistrates’ court to handle the same.
Kirumira’s father Abubakar Kawooya filed an application on his son’s behalf seeking orders from the court demanding his unconditional release since he was never charged afresh after his arrest and only remained battling old charges from last year.
Kirumira’s lawyer Jude Mbabali says; ‘We believe that this application is fit and proper to come before the particular court because someone was arrested and detained without being charged.”
Jude Mbabali also argues that the police tribunal by law has no powers to remand any accused person which makes his clients detention at Nalufenya illegal.
“The tribunal only handles disciplinary proceedings with no powers to remand. One can also only be put in place of confinement before going to the tribunal or when the tribunal premises are not accessible at the time.”
However, On Wednesday, the resident State Attorney Jonathan Muwaganya while appearing before Grade One Magistrate Robert Mukanza argued that the chief magistrates’ court has no jurisdiction to hear this application saying it was filed under the guise of reviewing/reversing proceedings before the police disciplinary tribunal.
Muwaganya added that Kawooya would have taken his grievances against the powers of the police tribunal to detain his Son to either the High Court or the Constitutional court which are vested with powers to answer his questions and not before a magistrate court.
“There is no single legal provision conferring such jurisdiction to the current court.”
Muwaganya further read to court a section of the Police Act that lawfully establishes the police disciplinary tribunal as a competent administrative body with powers to arrest, confine or detain any suspected errant officers, thus concluding that Kirumira is in lawful custody.
“Circumstances would be different if applicant was an ordinary suspect in police cells without orders of a court or tribunal, but the constitution puts up disciplinary mechanisms provided for serving officers and establishes police disciplinary tribunal as a competent administrative court for serving officers,” Muwaganya said.
Kirumira is currently appearing before the police tribunal on charges of professional misconduct and corruption for which he was remanded to Nalufenya detention centre yesterday waiting to fulfill the bail terms set for him.
Kirumira who was arrested on February 1 from his home in Bulenga Wakiso district by the police’s flying squad unit.
His father Abubakar Kawooya through his lawyer Jude Mbabali petitioned court for orders that government unconditionally releases his son from custody.
Court will be ruling on the miscellaneous objection on Thursday 15thFebruary 2018.