MUKONO – The High Court in Mukono has temporally cancelled the arrest warrants for Rtd Maj Gen Matayo Kyaligonza and his two bodyguards Cpl Peter Busindiche and Pt John Okurut initially issued to them by the Mukono Chief Magistrate Juliet Hatanga in May.
On May 27, H/W Hatanga issued the warrant of arrest which she later extended to June 10, instructing the Inspector General of Police (IGP)Okoth Ochola Martin to arrest Maj Gen Kyaligonza together with his bodyguards and present them to court on June 24.
However, the accused instructed their lawyers led by Caleb Alaka, David Balondemu and Evans Ochieng to file an application to the High Court seeking to block their warrants of arrest.
These said that their clients were being tried by the Makindye Military Court on the same charges saying it will lead to double jeopardy.
In a court order issued and signed on July 24 by the Deputy Chief Registrar Mukono High court, H/W Cissy Kawuma Mudhasi indicates that both the applicant and the prosecution led by Jonathan Muwaganya the Residents State Attorney be stayed until final disposal by the High Court.
“The warrant of arrest issued under Criminal Case No 312 of 2019 and all proceedings thereunder have stayed pending the determination of the main application for revision,” the order reads
H/W Mudhasi also indicated in the court document that all costs in the matter shall be considered after the final trial.
The High Court Judge in Mukono Lady Justice Margret Mutonyi adjourned the case to August 20 this year.
Jamiru Ssanyu Mukama one of the defence lawyers from Alaka and advocates said that their application was staying the execution of the warrant of arrest against their clients and as well to request court to stay the proceedings of the lower court.
He said: “Luckily court granted our prayers and as we speak now the warrants can’t be executed and the lower court can’t proceed until court pronounces its determination.”
The accused persons are charged with assaulting and causing bodily harm to Sgt Esther Namaganda a traffic Officer on February 24, 2019, in Seeta Mukono.