Court declines to allow medical examination for Magara murder suspects over torture claims

Buganda road court has declined to grant an order for a private medical examination to 10 people accused of kidnapping and killing Susan Magara early this year.

The ten suspects including Mahad Kasalita, the Imam of Usafi Mosque, Hussein Wasswa, 22, a hawker, Yusuf Lubega, 32, a boda boda rider, Muzamiru Ssali, 27, boda boda rider ,Hajara Nakandi, 35, a teacher , Abubaker Kyewolwa, 30, a businessman, Hassan Kato Miiro, 22, Ismail Bukenya, a businessman and Musa Abbas Buvumbo, 23 through their lawyer Abdu Hakiim Lukwago claimed they had been tortured while in detention.

“They were blindfolded , tied up in a pair, confined in extreme cold solitary confinements, treated to prolonged interrogation, beaten, subjected to electric shocks and stepped on their stomachs to vomit the water that they had forcefully drunk,” Lukwago told court before asking that they be allowed to undergo a private medical examination to determine the level of torture.

However, on Wednesday, Buganda Road magistrate, Robert Mukanza declined to grant the order saying his court does not have powers to do so.

“The procedure at the Magistrates court is that it keeps adjourning the matter pending committal to High Court for trial and any other applications including this one can be done in High Court which has jurisdiction to hear the matter,” the magistrate said.

The accused’s lawyer however requested to be availed with a copy of the ruling and record of proceedings to allow him file an appeal.

The magistrate adjourned the matter to September 4 for further mentioning the other matter.

Susan Magara, 28,a cashier at Bwendero Dairy  Farm in Hoima district was kidnapped as she left work along Kabaka Anjagala road in Rubaga division before being kept for over three weeks.

She was later killed despite her family giving the kidnappers as Shs700 million ransom and body dumped at Kigo in Wakiso district along the Entebbe Expressway.

Prosecution contends that the accused persons and others still at large on February 7, 2018 kidnapped Magara with intent to procure a ransom or benefit from her liberation from the danger of being murdered.

Division and taken captive for 20 days until she was murdered in cold blood and body dumped off Entebbe Road.

In an operation mounted by both police and the army , majority of the suspects were arrested from Usafi mosque in Kisenyi, Kampala before being slapped with charges related to murder and kidnap in a bid to  procure a ransom.