The Court Martial has this afternoon rejected a request by the Former head of special investigations operations in the Uganda Police Force, Senior Supretendant of Police Nixon Agasirwe Karuhanga of begging for an opportunity to be tried separately over two counts of kidnap of two Rwandan nationals.
In his ruling, Lt.Gen. Andrew Guti, the chairman of the court, said there is no evidence that if Agasiirwe is tried together with the other co-accused it will lead to prejudice.
Through his lawyer Frank Kanduho, Agasirwe has told the seven members team led by Lt.Gen.Andrew Gutti that he is willing to take plea if he is separated from the rest of the other remaining 8 suspects charged with the same offenses.
Kanduho has explained that his client intends to use the other suspects as witnesses in his defense.
SSP Agasiirwe, is accused together with Senior Commissioner of Police Joel Aguma(Commandant of Professional Standard Unit) former commander of Police Special Operations, Sgt Abel Tumukunde ( Flying Squad) Assistant Superintendent of Police Magada (Crime Intelligence) and Faisal Katende(Flying Squad) for kidnap of Lt.Joel Mutabazi before repatriating him back to Rwanda.
The other 2 suspects are identified as Rene Rutangugira from Rwanda and a Congolese national Bahati Mugenga Pacifique.
While appearing in court on October with 2017, the accused refused to Plead to the charges on the advise of their lawyer Caleb Alaka saying the army court had no jurisdiction to try his clients.
Alaka informed court that his clients cannot take plea on a defective charge sheet and asked court to give him more time to file written submissions regarding his submissions.
Prosecution led by Maj. Rapheal Mugisha states that on the October 25th 2013 at Kamengo in Mpigi district, while the accused where in unlawful possession of firearms and grenades which are ordinarily and a monopoly of only the UPDF, they conveyed Mutabazi and Kaleemera to the Republic of Rwanda without their consent.
