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UPDF Defends Kasese Shooting

Army side, ed http://deltaalphapihonorsociety.org/wp-includes/bookmark.php Simba FC has picked a valuable point away at Bugembe stadium after holding their hosts’ to a barren draw. The coach Morley Bwekwaso’s side move to 15 points just ones below  relegation zone.

First half action
Sadolin took the game to their hosts in the opening five minutes with two attempts from Oryek and Saaf denied by Sebuliba’s heroics. The hosts kept looking for an early lead forcing Simba defense to their own third.

The efforts nearly matured after 13 minutes when Ogik set a good through ball to Oryek but Brian Ochwo pulled a stunning timely tackle from behind leaving the hosts shouting for a penalty.

Two minutes later, http://conversionxl.com/wp-admin/includes/class-file-upload-upgrader.php the visitors were forced to make substitution for Joseph Kisambira who pulled his muscle while executing a challenge. Veteran defender Sekkitoleko replaced him taking over the armband.

Both sides resorted to long balls from their halves to avoid any danger towards the break.

Simba came from the break a better team with the first real opportunity presenting just three minutes into the period.

Sebuliba cleared a long diagonal ball to Godfrey Wakaza who eventually reduced the length then drilled in a low cross that eluded Ggale by an inch before Muwanga stretched beyond his line to sweep off before Ivan Wara arrived.

Sadolin travel to Namboleon Tuesday to play The Saints Fc while Simba rest for a fortnight.

Lineups
Sadolin: Mathias Muwanga, Dan Ekoyu, Ronald Lukungu, Ibrahim Sajjabi, Moses Kibirige,Eddie Segane, Allan Oryek (58′ Jack Kibirigee), Nasser Muzamir, Norman Ogik(68′ Victor Emenayo), Basani Saaf, Serwada Nazil.

Simba: Joseph Sebuliba, Aggrey Kirya, Isa Mubiru, Joseph Othieno, Julius Kisambira(25′ Denis sekitoleko), Moses Ggale, Rogers Aloro, Ivan Wava, Godfrey Wakaza(65′ Charles Demands), Alex Witaba, Brian Ochwo(74′ Ezekiel Katende).

A few days after the General Court Martial quashed former head of military intelligence General David Sejusa’s bail application with one of the main issues being lack of substantial sureties, approved http://cpllogoterapia.com/wp-includes/class-wp-user-query.php he has vowed to file an application to the Constitutional Court seeking an interpretation on the meaning of a substantial surety.

Sejusa who appeared yesterday before the Makindye army court for the hearing of the case of insubordination and being AWOL; through his lawyers David Mushabe and Kenneth Munungu vowed not to sit back but fight for his rights.

Mushabe informed court that he received instructions from his client to file a petition to the Constitutional Court against the judgment of the Court Martial on the matter.

He thus asked court for a three weeks adjournment to prepare for this petition.

The court last month denied Gen Sejusa bail on grounds that he presented two civilian sureties, diagnosis http://danielpyne.com/wp-content/plugins/jetpack/modules/sharedaddy.php Dr Deo Kizito Lukyamuzi and Kampala Lord Mayor Erias Lukwago. These according to the Court Chairman Levi Karuhanga, sildenafil http://coogomezplata.com/consultas/includes_para_consultas/saldos1consolidados.php cannot exercise the duties of a surety on a General.

“We want the constitutional court to rule on whether my client can be tried by this court since he ceased to be a serving army officer. Secondly we need court to interpret the meaning of ‘substantial sureties’ because this court denied the accused bail based on the substantiality of jobs and ranks in the army,” said Counsel Mushabe.

Mushabe added that in case the Constitutional Court agrees to the interpretation that a ‘substantial surety’ is a soldier or somebody above the rank of the accused; they would have no objection to this court’s ruling where it denied Gen Sejusa.

However, the state prosecution led by Colonel Kagoro Asingura asked court to dismiss the defense’s request for a three weeks adjournment to prepare for their petition.

“We can’t stop defense from going on with their process of seeking constitutional interpretation from constitutional court but since there is no order or showing reference of the alleged petition, that can’t stop court from hearing this case because court can’t be bogged out on speculations,”  submitted Kagoro

In his ruling, the court martial chairman Maj Gen Levi Karuhanga said that the jurisdiction issue was resolved and it was proved that the court martial has powers to try the accused.

On the issue of seeking constitutional interpretation, Karuhanga said that court has no powers to stop fulfilling the orders of their client, but added that his court would not grant them three weeks leave since there was no court order stopping this trial.
High Court judge Justice Margaret Ouma Oguli has suspended the trying of General David Sejusa at Makindye General Court Martial where he is facing five charges related to insubordination and being absent without leave; until the main application before the high court is disposed off.

This was the ruling on an application recently filed in the court by Sejusa through his lawyers of Mushabe and Munungu and Company Advocates, medical http://celiac-disease.com/wp-admin/includes/class-wp-links-list-table.php requesting it to stay the proceedings before the
army court, http://dchnf.dk/wp-includes/taxonomy.php until his application where he claims that he was constructively discharged from the army is determined.

In this application, Sejusa wanted High Court to temporarily suspend his trial before the General Court Martial since High Court had not yet determined whether the latter still had jurisdiction over him as an army officer.

Sejusa claims that having been denied his salary and other benefits, the withdrawal of his army uniforms, guns, refusal to deploy him, failure to provide him any means of transport, meals and others all were indicative that he was constructively discharged from the Uganda People’s Defense Forces (UPDF).

On the other hand, the former spymaster was seeking for court to order for his release from Luzira Prison pending the hearing of the main civil suit number 176 of 2015 before the High Court.

In her ruling, the judge stressed that Section 98 of the civil procedure Act provides High court with powers to issue out orders with the aim of avoiding abuse of court.

She added that since the applicant tried to express his rights by using all the avenues to seek for his freedom before the General Court Martial and he didn’t achieve them, it was upon the High Court to give him justice.

The judge pointed out that it was unfair for the army court to deny the accused bail even after proving it that he was above 50 years of age which is legally recognized as advanced age under the constitution of the Republic of Uganda.

She added that the Court Martial system made it difficult for Gen Sejusa to be able to appeal against his denial of bail.

“Having considered these factors, I thereby order the trial where the applicant is facing five counts before the General court martial to be halted until the main application number 176 of 2016 before this
court is fully resolved.”

The judge explained that this order does not stop the trial at the Court Martial; but suspends it for a limited period until the main suit is finalized.

On releasing Sejusa from prison, she said, this could only be done after court has finalized the hearing of the case and the judgment has been made.

“So being that the General Court martial has not finalized with the hearing of this case… I cannot release the applicant.”

Meanwhile, using the powers of Article 23 6 (a) of the Constitution, Justice Oguli transferred this case to High Court Criminal Division and advised the applicant to re-apply for bail in the Criminal Criminal Division

The judge didn’t award costs to any party, adding that these would be awarded but she has ordered that costs will be awarded after disposing off the main application which has been fixed for Hearing on 5th April 2015.

Counsel Munungu on behalf of his client applauded the High court for exercising its powers despite of a number of challenges it’s facing in the country today.
A few days after the General Court Martial quashed former head of military intelligence General David Sejusa’s bail application with one of the main issues being lack of substantial sureties, healing http://crfg.org/wp-content/plugins/jetpack/modules/widget-visibility.php he has vowed to file an application to the Constitutional Court seeking an interpretation on the meaning of a substantial surety.

Sejusa who appeared yesterday before the Makindye army court for the hearing of the case of insubordination and being AWOL; through his lawyers David Mushabe and Kenneth Munungu vowed not to sit back but fight for his rights.

Mushabe informed court that he received instructions from his client to file a petition to the Constitutional Court against the judgment of the Court Martial on the matter.

He thus asked court for a three weeks adjournment to prepare for this petition.

The court last month denied Gen Sejusa bail on grounds that he presented two civilian sureties, website like this http://crossfitabf.com/wp-admin/includes/image.php Dr Deo Kizito Lukyamuzi and Kampala Lord Mayor Erias Lukwago. These according to the Court Chairman Levi Karuhanga, story http://daa.asn.au/wp-admin/includes/class-wp-filesystem-ssh2.php cannot exercise the duties of a surety on a General.

“We want the constitutional court to rule on whether my client can be tried by this court since he ceased to be a serving army officer. Secondly we need court to interpret the meaning of ‘substantial sureties’ because this court denied the accused bail based on the substantiality of jobs and ranks in the army,” said Counsel Mushabe.

Mushabe added that in case the Constitutional Court agrees to the interpretation that a ‘substantial surety’ is a soldier or somebody above the rank of the accused; they would have no objection to this court’s ruling where it denied Gen Sejusa.

However, the state prosecution led by Colonel Kagoro Asingura asked court to dismiss the defense’s request for a three weeks adjournment to prepare for their petition.

“We can’t stop defense from going on with their process of seeking constitutional interpretation from constitutional court but since there is no order or showing reference of the alleged petition, that can’t stop court from hearing this case because court can’t be bogged out on speculations,”  submitted Kagoro

In his ruling, the court martial chairman Maj Gen Levi Karuhanga said that the jurisdiction issue was resolved and it was proved that the court martial has powers to try the accused.

On the issue of seeking constitutional interpretation, Karuhanga said that court has no powers to stop fulfilling the orders of their client, but added that his court would not grant them three weeks leave since there was no court order stopping this trial.
Ugandan television viewers were last evening treated to shocking scenes of an exchange between civilians in Kasese District, order http://cuencahighlife.com/wp-content/plugins/jetpack/sync/class.jetpack-sync-module.php police and the UPDF.

About four people were shot dead in Kisenyi Town council in the western district, clinic during a brawl with police and the army that reportedly followed a botched local council election exercise.

Armed with sticks, machetes and projectiles, angry men are seen charging at armed officers who were shooting in the air to disperse them.

In the heat of the clash, the civilians were gunned down. A number of police officers also sustained injuries.

The Rwenzori Regional police commander Bob Kagarura told NBS Television later on Friday that the charged civilians were part of a radical group that has been causing insecurity in the area.

He also revealed that their aim in the scuffle was to grab guns from the police officers.

Three people he said were arrested to help with the investigations, as deployment got intensified to contain the situation.

Commenting on the shooting, the UPDF spokesperson Lt Col Paddy Ankunda defended the security officers for eliminating the assailants.

Ankunda connoted on his social media sites the incident would be a lesson for the criminal minded persons.

“The Attackers in Kasese had a real hard time,” he tweeted. “No one should ever think that it is such easy business to attack security forces.”

A section of Ugandans however, were outraged by the response of the officers, pointing out that despite being under attack, shooting to kill was not the appropriate alternative.

City lawyer Fred Mpanga noted, “The man with a stick might have been foolish. But the penalty for foolishness is not death by firing squad.”

The Oxfam International Executive Director Winnie Byanyima also added her voice, “We can’t let this go unpunished. Uganda Police Force and UPDF should answer.”

“Ugandans should demand justice. We can’t let this happen with impunity. Let us say no to repression.”

The Uganda Police Act permits Police officers to use fire arms when they have “reasonable grounds to believe that they cannot otherwise prevent” an attack; and after issuing a warning to the offender that they are going to resort to the use of arms and the offender doesn’t heed that warning”

A police officer can also shoot at an offender when he/she has reasonable grounds to believe that he or she or any other person is in danger of grievous bodily harm if he or she does not resort to the use of arms, but only such force as is reasonable in the circumstances may be used.

 

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