Court orders prosecution to produce police statements in treason case

High court judge Wilson Masalu Musene has ordered prosecution led by senior state attorney Lino Anguzu in the treason case against 19 Muslim suspects to produce three missing police statements within a week’s time or have charges against the trio dropped.

Defense expressed dissatisfaction before judge Wilson Masalo Musene that police statements of three of their clients including Muhamad Kalodo, Ismail Sentongo and Kasibante were missing from evidence that was disclosed to them. These added they wanted charges against the trio dropped arguing that prosecution didn’t follow the due diligence while charging them.

Prosecution in response informed court that they wouldn’t be using the statements in arguing of their case as added that if defense insisted the suspects would be made to record other statements if the initial ones weren’t found.

These were however out ruled when the judge ordered them to produce the very statements that were signed by the three suspects at the time of their arrest.

This was after two medical personnel ascertained to the high court in Kampala that seven of the 19suspects battling treason charges are in appropriate mental status to be tried by the courts of law. According to criminal proceedings suspects in capital matters should be tried only when in sane mental status.

The director of health services in the Uganda Police Moses Byaruhanga and medical Clinical officer practicing at Mayfair all told court that they examined some of the suspects in the category of capital offenders and found them to have normal mental status.

AIGP Moses Byarugaba says he examined Abonga Nick Frank Abonman who he physically and mentally examined on the 31st of October 2016 and found him to be fully conscious and of right mental status.

The third prosecution witness, Asiku Dennis says he examined six of the suspects including private Mubaje Rajab Magombe, Matanda Isa, Haji Byamukama Abdul Abdirajib, Ssemwogerere Asadu, Kibirige Solomon and Wadwali Safia.

The clinical officer says he physically examined their bodies and found that they all were of normal mental status, with normal flowing speech, no body injuries, well oriented with time and place, well kempt. All the seven police 24 medical forms in respect of the two witnesses were later tendered in court by justice Musene as prosecution evidence bringing the number of evidence exhibited to ten.

All the 19 suspects including one woman Aisha Nakasibante a sister in-law to Austrian based cardiologist Dr. Aggrey Kiyingi are facing two counts of treason and concealment of treason.

State alleges that the group and others at large plotted to over throw the government of Uganda by use of firearms between years; 2013 and 2015 at various places in Uganda, Dubai, Kenya and Tanzania.

Trial will resume Wednesday 21, February 2018 before Judge Wilson Masalu Musene.