Mityana Chief Magistrate Moses Kule on Wednesday granted permission to the Director of Public Prosecution (DPP) to take over a private prosecution case in which Mityana Municipality legislator Francis Butebi Zaake accuses six police officers of torturing him.
Zaake says that these tortured him after being arrested on allegations that he flouted Presidential directives on the prevention of covid-19.
He pointed out a number of prominent cases in various courts where the DPP has taken over prosecution from various private actors.
“Article of the constitution 120 allows the DPP to take over the matter brought in court on private prosecution basis at any stage,” court argued.
The magistrate asked the former prosecutors (Zaake’s lawyers) to remain on watch but should serve the DPP with all evidence and materials they had prepared to use in this case.
In the recent court sitting, state Attorney Cathy Basuuta informed court that she had instructions from her boss (DPP) to take over the matter which was greatly opposed by Zaake’s lawyers led by Eron Kiiza.
Criminal summons for the police officers have been extended until October 6, 2020, when the matter will return for the next step.
Zaake’s lawyers are not happy with the court’s decision but they, however, promised to abide by it.
“We have enough evidence to pursue this case and ensure that the culprits pay for their actions,” remarked Kiiza.
Mid this year, Zaake instituted private prosecution charges against Musa Walugembe, Mityana district commander Bob Kagarura, Kireka Special Investigation head Elly Womanya, Human Tumwesigye, Mityana District Police commander Alex Maine, Musa Walugembe and Isaac Oketcho for allegedly torturing him during his arrest from his home on allegations of not respecting presidential directives on COVID-19 during the lock down.
However, the DPP recently withdrew these charges and set Zaake free.