site http://cippico.com/wp/wp-includes/class-wp-image-editor.php geneva; font-size: small; line-height: 200%;”>State alleged that on December 15 at Mulago hospital mortuary, health http://cehurd.org/wp-content/plugins/jetpack/class.jetpack-twitter-cards.php Dr Onzivua, medicine http://cfsk.org/wp-content/plugins/events-manager/buddypress/bp-em-notifications.php Dr Baryomunsi and others still at large conspired and unlawfully obtained Nebanda’s body samples and attempted to take them to South Africa without permission.
However in her ruling today, Her Worship, Kazaarwe ruled that the accused should be set free, saying their actions were taken “through the rightful procedures.”
“The state had alleged that A1(Dr Onzivua) and A2 (Dr Baryomunsi) had been called to the room in which the postmortem was carried out as observers, but it failed to provide the minutes in which this decision was reached,” she said.
Baryomunsi and Onzivua have Tuesday been set free
She also said that though the state had alleged that they (Onzivua) had illegally obtained the samples, it did not contest the fact that they had been appointed by Parliament to do so.
The appointment letter had been brought before court and had been signed by the Clerk of Parliament.
Court also observed that one of the witnesses who had been brought by the state had failed to prove that for any doctor to travel abroad had to get permission from the Prime Minister.
Onzivua could not hold tears after being acquitted
The magistrate also found that the accused was free to travel abroad since his travel documents had not been revoked by any higher office and according to the documents which had been brought before the court, he had received permission to travel abroad by the Director General of Mulago Hospital.
“All of his actions were in broad daylight, funded by the tax payer’s money and I don’t see any conspiracy,” she read.
She also ordered the tribunal (medical tribunal) not to convict the accused because they have no case to answer.
On getting out of the court, Dr Onzivua immediately broke into tears of joy for over five minutes as his colleagues tried to counsel him.
Onzivua speaking to press after the Magistrate said he had no case to answer
Meanwhile, his co-accused, Dr Baryomunsi was chatting with their lawyers.
Dr Onzivua, who had at first refused to speak to the media, saying he was not feeling well and that he would speak later, said justice at last had prevailed because he knew he had not broken any law.
“I won’t look back and I will continue serving the country and doing postmortems. Even if their came up a controversial issue like this one, I am ready to handle it,” said Onzivua.
Dr Baryomunsi said that he too knew they had no case to answer “because we are senior medical doctors and knew what we were doing”.
State had alleged that on December 15 at Mulago Hospital mortuary, Onzivua and Baryomunsi and others still at large conspired and unlawfully obtained body samples of the late Nebanda and attempted to take them to South Africa without permission.
Baryomunsi and lawyers celebrate the court victory
The State contends that around the same date at Mulago Hospital, Dr Onzivua, in an arbitrary act, obtained body samples of the deceased MP and attempted to take them to South Africa without clearance.
Nebanda’s death last year sparked off a political storm, with opposition and NRM MPs accusing government of having a hand in the incident.
Government denied the allegations before arresting Onzivua at Entebbe Airport as he traveled with Nebanda’s body samples to South Africa for further examination.
It was alleged that Nebanda had been poisoned.
Adam Kalungi, the main suspect in Nebanda’s death, is currently behind bars at Luzira.
It remains unclear if the state will appeal the ruling in a higher court.