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Assault: Ugandan Gen Kyaligonza snubs court again
 
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Tue, 30 Apr 2019   ||   Uganda,
 

Uganda -             Again, Rtd Maj Gen Matayo Kyaligonza  didn’t show-up at the Mukono Chief Magistrate’s court on Monday where he was expected to plead to the charges of assaulting a female traffic officer.

This is the second time Kyaligonza, who serves as Uganda’s ambassador to Burundi has failed to turn up at the court.

CEOAfrica recalls, early this month, Mukono Chief’s Magistrate’s court summoned Gen Kyaligonza alongside his UPDF bodyguards Corporal Peter Busindiche and Private John Okurut to appear on April 10 for assaulting and causing bodily harm to Sergeant Esther Namaganda, a female traffic officer.

His lawyer told court that Gen Kyaligonza wasn’t in the country by the time they were served. On Monday, Kyaligonza’s lawyer, Caleb Alaka told the Mukono chief magistrate, Juliet Hatanga that their client couldn’t appear due to similar proceedings in the Military General Court Martial.

"The general has to be served through diplomatic channels. You undermine a whole general? That is the first thing. Two, you can’t have proceedings in the General Court Martial and proceedings here in this court.

“The Supreme court said that you can’t have double proceedings and that is what we raised. Unfortunately the state attorney was not in court to respond to that. But each court has to resolve its legal issue then the general will appear.

“But the appropriate thing is, you cannot have two parallel proceedings. We have something sinister behind it and the DPP is aware because he is a serving army officer." Alaka said.

The magistrate denied a plea by the state prosecutor Rachael Namutebi who represented the Mukono senior resident state attorney to court to issue an arrest warrant for the general. She adjourned the matter to May 20, saying court lacks information on what is happening in the General Court Martial.

However, the complainant’s lawyer, Michael Kaboneka of Timothy and Micheal Company Advocates accused the defense of playing delaying tactics.

“The Court Martial is for disciplinary matters, this is a criminal court. You cannot try to argue jeopardy at this time. I think it is premature. If you think that you have not committed an offense come before court and take plea and then the rest will follow.

“But also if they are saying that they want the accused persons to actually be tried in the General Court Martial, then they are admitting that indeed the general and his soldiers did these acts." said Kaboneka.

 

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