KAMPALA – Uganda’s Ambassador to Burundi, Maj. Gen. Matayo Kyaligonza, has for the second time failed to honour court summons to answer charges of assaulting a police officer.
Maj. Gen. Kyalingonza is alleged to have assaulted Ms. Esther Namaganda on 24th February in Seeta, Mukono District. He had skipped court on April 10, forcing the court to extend his summons to April 29.
His lawyers, Mr. Caleb Alaka, Mr. Evans Ochieng and Mr David Balondemu, on Monday, told Mukono Chief Magistrate’s Court presided over by Juliet Hatanga that since the accused are facing disciplinary proceedings under the UPDF Act, then the magistrate’s court should end the case against them.
“Your worship, on 16th of April 2019, the state of UPDF instituted proceedings against the accused persons in the court-martial on the same facts similar to these before you. Since they can be convicted and sentenced by both courts, we pray that this court terminates these proceedings because they are charged in a court-martial and that’s why all of them have not appeared in this court,” Mr. Alaka told court.
Mr. Ochieng also said that there is no reason to issue a warrant of arrest since it is clear that some of the accused persons are in custody.
“Can’t these issues be communicated through the Ministry of Justice so that the matters are sorted, we pray that court doesn’t issue the warrant because they are officers of UPDF,” he said.
Ms. Racheal Namutebi, who represented the State Attorney, told court that prosecution should be given enough time to prepare a reply to the lawyers’ submissions.
“Summons were issued in the presence of their lawyers and since the accused are absent today for whatever reasons, a warrant of arrest should be issued against the accused persons against this matter,” Ms Namutebi told court.
Magistrate Hatanga told court that she cannot issue warrant of arrest now because State Attorney Jonathan Nuwaganya was absent.
