The civil division of the High Court in Kampala has dismissed an application filled by relatives of former head of security for Amama Mbabazi, find http://cenariospizza.com/wp-content/plugins/wp-store-locator/admin/class-notices.php Christopher Aine to have him produced by police.
The relatives led by Aine’s cousin brother Ezra Kabugo through their lawyers including John -Mary Mugisha, information pills http://cigarworld.com.au/old/cigars/includes/smarty/libs/plugins/function.html_radios.php Michael Akampulira and Severino Twinobusingye took to court to have the police force police to produce their relative, more about whom they claimed was in (police) custody after been arrested from his home in Kyanja.
In her ruling on Wednesday afternoon, Justice Lydia Mugambe said that despite hearing evidence in form of a sworn affidavit from Kabugo who told court that he had been told by a one Mama Sarah, a neighbor to Aine, he could not rely on it to task police to produce Aine.
“It would be the said Mama Sarah’s words as evidence to be material to my determination of the case that Aine was taken away from his home by the police,” Justice Mugambe said.
“It should have been the said Mama Sarah and not Mr. Kabugo. In this circumstance therefore this evidence is inadmissible as given in his affidavit making it defective.”
Kabugo in his affidavit had told court that he was told by Mama Sarah of how policemen had besieged Aine’s home in Kyanja and taken him away to an unknown place.
The judge said the purpose of this application ought to be seeking for production of someone who is being detained so as to see whether he is in custody and force police to have him released from unlawful detention.
She however noted that this was not the case as there is no evidence from the applicants (Aine’s relatives) pointing to where exactly their relative is held.
On Kabugo’s evidence that he had called Aine before he was arrested to inform the latter of a search mounted for him by the police, the judge confirmed that MTN phone printouts indicated that the two had a conversation but noted she was not in position to tell what was discussed.
“This does not in any way demonstrate that indeed Aine was taken by the police and is in their custody. It appears to me Mr.Kabugo and Aine’s wider family suspect he is police custody but cannot demonstrate the same to my satisfaction,” Justice Mugambe said.
She said that the arrest warrant from the Jinja Magistrate’s court and the bounty put on him are an indicator that the police have high interest in him and there is no way they could put him in an unknown place of detention.
“I have no material evidence of how he disappeared to safely conclude he was taken by police and is in their custody. The application is dismissed.”
Tasks Police to Help in Search for Aine
The Judge however urged the relatives to stopping trading accusations because this is a case of a missing person considering the 3 months time he has not been seen; adding that they should work with police to find him.
“The police should take seriously its duty to trace and find this missing citizen,” the judge ordered police.
The lawyers representing Aine’s relatives said they agreed with the court’s ruling but said will wait for further instructions from their clients about the next course of action.
Aine disappeared shortly after the Ntungamo incident in which Mbabazi supporters beat up their counterparts from the NRM camp.
The police have since placed a Shs20 million bounty on him to answer charges of assault and to respond to an arrest warrant issued by the Magistrates court in Jinja against the head of Mbabazi’s security detail.