Bobi Wine grimaces in pain as he is supported by prison warders to stand
after appearing before the Chief Magistrate’s court in Gulu on August
23, 2018. PHOTO | ABUBAKER LUBOWA | DAILY MONITOR
KAMPALA
The General Court
Martial, in a surprise move, on Thursday dropped the gun charges against
Kyadondo East MP Robert Kyagulanyi, alias Bobi Wine, but later it
emerged that the military court was acting upon a directive from another
government authority.
At about 10.30am, the General
Court Martial sat at the army’s 4th Division headquarters in Gulu for
the trial of Bobi Wine who had been charged with illegal possession of
firearms and ammunition.
DPP ORDER
However,
as the court chairperson, Lt Gen Andrew Gutti, got ready for the
proceedings, the army prosecutor, Maj Raphael Mugisha dropped a
bombshell.
He declared that the state had dropped charges of possession of illegal fire arms and ammunition against Mr Wine.
“I have instructions that the proceedings before this court,
under Regulation 65 of the Uganda People’s Defence Forces Procedure, be
terminated and the accused person (Bobi Wine) be handed to police,” Maj
Mugisha submitted.
He was acting upon the instructions from the Director of Public Prosecutions (DPP), Justice Mike Chibita.
In
his directive, Mr Chibita told the military court that it was prudent
to drop the gun charges against Bobi Wine since he was to face a treason
charge in another court but based on similar facts.
Mr
Chibita said it would be double jeopardy for Bobi Wine to be subjected
to separate trials in the military court and the civil court on cases
based on similar facts.
“...Please consider letting Hon
Sentamu face trial in the High Court rather than before the Court
Martial,” Justice Chibita stated in his letter to the army.
TREASON
However, Bobi Wine’s lawyer Medard Sseggona objected to the proposal to hand the MP to the police to face treason charges.
“The
moment charges are withdrawn against a person, he becomes free. The
gentleman seated before you was arrested by the army, beaten and had his
rights violated. The prosecution is using this forum to sanitise other
violations by asking you to hand him to police. There is no record in
this court that Hon Kyagulanyi is a wanted man by police,” Mr Sseggona
said.
“Our prayer is to have Hon Kyagulanyi declared a
free man and we take him for medication. Hon Kyagulanyi is an MP
representing Kyadondo East constituency, he is not a fugitive and has a
fixed place of abode."
He added: "If there is a need to
arrest him, there is a procedure for arresting MPs. Do not accept the
temptation to being used to settle political scores.”
After listening to submissions, Lt Gen Gutti adjourned the court for 10 minutes to give his ruling.
After listening to submissions, Lt Gen Gutti adjourned the court for 10 minutes to give his ruling.
FREEDOM
“This
court, having received an application from counsel from the state to
the effect that the accused person (Mr Kyagulanyi) is required in the
civil court to be tried with other accused persons basing on the same
facts as charged, the defence [lawyers] said the proceedings in this
court be terminated and accused be set free,” he observed.
“This
court has noted that it will indeed be double jeopardy to the accused
person if the proceedings before this court continued. This court hereby
terminates the proceedings against Hon Robert Kyagulanyi. You are
accordingly set free unless you are held
However, Mr Wine’s relief and joy was short-lived as his lawyer Sseggona told him at the exit of the court premises that he had received information that he was under police arrest.
However, Mr Wine’s relief and joy was short-lived as his lawyer Sseggona told him at the exit of the court premises that he had received information that he was under police arrest.
Mr Wine, who walked with the help of
crutches and human support, was then led to a waiting police vehicle and
driven to the nearby Chief Magistrate’s Court in Gulu.
He
was charged afresh but this time with treason and remanded until August
30 when he will reappear with his co-accused who are in Gulu Central
Prison on the same charges.
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