Senior Superintendent of Police Nixon Agasiirwe, who was the former commander of police Special Operations Unit battling with charges related to kidnap has petitioned the High Court seeking to stop his trial by the army court.
The General Court Martial in Makindye last year charged Agasiirwe together with other police officers and civilians with the kidnap of Lt.Joel Mutabazi, a former bodyguard to Rwandan president Paul Kagame in 2013.
In an application dated January 5, Agasiirwe says that the UPDF unit disciplinary committee and General Court Martial have no jurisdiction to try him for offences alleged to have committed.
“I cannot be culpable for the charge of being in possession of a fire arm and related artillery since by the virtue of my vocation as a senior superintendent of police, I am entitled to the aforementioned armoury,” he says in his affidavit.
The senior police officer contends that the charge sheet is defective since it does not disclose particulars that he is a police officer who is entitled to a fire arm.
Prosecution alleges that on October 25, 2013 at Kammengo in Mpigi district, along Masaka road, the accused using pistols and grenades abducted Lt.Mutabazi and his brother Jackson Kalemera whom they took back to Rwanda without their consent contrary to the Penal Code Act.
The state also alleges that the accused are persons subject to military law for using weapons including pistols and grenade which are ordinarily monopolies of the army according to the UPDF Act 2005.
He however says that he is not an officer and generally not subjected to military law.
In his affidavit, Agasiirwe says that the charges against him are just a creation of the state that needs the court to declare as being put up to frame him.
“I strongly believe that these charges are being concocted in order to persecute and not prosecute me.”
He adds that he has applied for bail twice but has on all occasions been deferred yet the state continues to slap him with fresh charges without justification but with malice and impunity aimed at keeping him incarcerated.
“The misconception by the military tribunal partly forms the basis of their bias and if not checked, it will greatly result into result in irreparable injury and lead to miscarriage of justice.”
Subsequently, Agasiirwe wants High Court to declare the army court incompetent and has no jurisdiction to try him for the offences as alleged by the state at the Makindye based court.
“I seek an order for compensation for the violation of the right to fair hearing and freedom from personal liberty,”Agasiirwe says.