Buganda Road Court’s Resident State Attorney Jonathan Muwaganya, representing the Attorney General on Monday sternly opposed an application filed by detained former Buyende DPC ASP Muhamad Kirumira seeking unconditional from detention.
He argues the application was filed before the wrong court which has no jurisdiction to hear this matter.
Kirumira is on remand for charges of corruption, neglect of duty and misconduct, before the Police Tribunal at the Police headquarters in Naguru.
While submitting before Buganda Road Court Magistrate Robert Mukanza, the State Attorney Muwaganya pointed out that this application contains interpretations which can only be addressed by High Court or the Court of Appeal
“I had an opportunity to peruse through the affidavit in support of this matter sworn by Kirumira’s father Abubaker Kawooya and in my understanding it’s a disguised application practically asking court to interfere with the proceedings in the Police tribunal where the applicant is undergoing trial,” he said.
Muwaganya cited Paragraph 2 (b) of the notice of motion for this application, in which Kirumira claims the Police Tribunal has no powers to detain. This assertion, Muwaganya says, cannot be determined by the Magistrates Court.
In reply to these submissions, defense counsel Jude Mbabaali slammed Prosecutor Muwaganya for “submitting jokingly” in such a serious matter which involves the violation of some body’s rights.
Mbabaali pointed out that their application was based on Section 25 of the Police Act, which states that any person arrested without any warrant of Arrest should be brought before Magistrates court within 48 hours, and Subsection 3 of the same Act which says that once this is not done that person may report to the magistrate who may order for his unconditional release.
Mbabali added that although the Police tribunal Chairman Dennis Odongopiny remanded Kirumira to Railways Police Station, he went and cross checked there with Kirumira’s father but he was not there.
He further added that Muwaganya’s colleagues initially never seemed to be bothered by magistrate’s court.
“In her affidavit sworn on 9th February 2018, Prosecutor Catherine Kusemererwa, submitted to the jurisdiction of this court and she never mentioned anything concerning this; she is in court ready to be cross examined.”
Kirumira yesterday was produced at the Police Tribunal where he had come to be released on bail but he turned violent and protest the tough bail terms set by tribunal.