Lawyers representing former Security Minister and presidential aspirant, Lt.Gen.Henry Tumukunde have asked court to allow them cross- examine the Police CID director, AIGP Grace Akullo .
Tumukunde sued Akullo and the Attorney General seeking orders that the arrest threats issued to him through summons by CID are a violation of his fundamental rights to association but also stop police from arresting him for not honoring the summons.
In response, Akullo in her affidavit said she had received intelligence reports that Tumukunde met with several army veterans with intent to disrupt the ongoing electoral process in the country.
On Thursday, Tumukunde’s lawyers led by Anthony Wameli asked court to allow them cross- examine Akullo in regards to the affidavit she swore.
“We apply that Grace Akulo who swore an affidavit in reply to appear before court for cross examination. The reason for the application for cross examination is to tell court the reason for giving instructions to the Attorney General to defend her in this matter,” Wameli told court.
The lawyer also noted that he wants Akullo to respond to questions in regards the affidavit she swore without appearing before the Commissioner of Oaths.
However, in response, the Attorney General’s lawyers led by Richard Adulore asked court to throw out the application because it is a waste of time.
“The right to cross examine a witness who has swore an affidavit is upon court’s discretion. It is not given as a matter of right. Any party that wishes to cross examine must show good reason to do so. The lawyers must satisfy court with reasons to justify the application to cross examine Akullo,” Adulore said.
The Attorney General’s lawyers told court that Tumukunde’s representatives have not demonstrated any good and sufficient reason as to why they want to cross examine the Police CID director.
“Akullo is an Assistant Inspector General of Police and the director CID in the Uganda Police. She swore the affidavit in that capacity. The applicants should have realized that Akullo is appearing in her official capacity and the mandate to represent her is bestowed on the Attorney General.”
“On the face of the affidavit alone, it shows that Akullo appeared before the commissioner of oaths. We think the applicant is on a fishing expedition which is not allowed in court because the reasons advanced for the cross- examination are not sufficient.”
Justice Musa Ssekaana adjourned the case to tomorrow, September, 11, 2020 for ruling on the application for cross- examination.
In the main case, presidential hopeful, Lt.Gen.Henry Tumukunde run to court to challenge Police’s criminal summons against him.
In his application before the Civil Division of the High Court in Kampala, Tumukunde says in the police summons, no offence was stated and that it was not shown whether he is summoned to appear as a suspect or a witness.
“On August,18, 2020, I instructed my lawyer, Friday Roberts Kagoro to attend to the second respondent (AIGP Grace Akullo)and establish the reason for the summons and he returned information that he had been subjected to a meeting in which the second respondent was present together with one Brig. Christopher Ddamulira attached to the UPDF and army court martial and Lt. Col.Raphael Mugisha attached to the UPDF and a prosecutor in the army court martial,” Tumukunde says.
He says he is a civilian and is not subject to or connected to the UPDF or military in any way.
“I know that there are several individual politicians and political groups that have engaged veterans in their political activities but none of them has been summoned by the second respondent or the Uganda Police.