Kampala, Uganda | THE INDEPENDENT | Herbert Muhangi, the former commandant of the Police Flying Squad Unit has applied for bail. Muhangi asked the General Court martial chaired by Lt General Andrew Gutti on Tuesday through his lawyer, Captain Charles Ssekayita that he should be released from military custody to seek medication for the ulcers he has been battling since 2007.
He also presented medical documents from the Military Police Health Center III showing that his kind of ulcers cannot be treated at the facility. He argued that he been held for 209 days without being produced in court, which violates his constitutional right.
Muhangi presented three sureties including Assistant Commissioners of Police, Elvis Byamugisha, the Head of Research Uganda Police Force, Emmanuel Muheirwe, the head of Human Resource and Robert Kakuru, a Lecturer in the Department of Philosophy at Makerere University.
He also told court that since prime suspect in his case, the former Police Chief General Kale Kayihura was released yet they are facing similar charges he should also be released. He argued that he has a fixed place of abode in Kireka, which is under the jurisdictions of the court martial.
Muhangi is jointly charged with Kayihura and six senior officers for failure to protect war materials and aiding and abetting kidnaps in Uganda. The others are Col. Atwooki Ndahura, Nixon Agasirwe, Richard Ndaboine Patrick Muramira, Jonas Ayebaza and Kitagenda Abel Muyomba.
Prosecution alleges that the accused persons between the year 2012 and 2016 by omission and commission aided and abetted the actions without hindrance to kidnap and illegally repatriated Rwandan exiles, refugees and Ugandan Citizens to Rwanda. These victims include Lt Joel Mutabazi, Jackson Karemera alias Ndinga and Sargent Innocent Kalisa.
It is also alleged that between 2010 and 2018 the group allowed the use of fire arms to unauthorized persons specifically members of Boda Boda 2010 led by Abdullah Kitatta. Just like his co accused, Muhangi pleaded not guilty to the charges.
Last week, Muhangi’s co-accused Col Atwooki Ndahura also applied for bail. However, the state Prosecutor, Major Raphael Mugisha has opposed the bail application. The matter will return to court on February 11th, 2019 for ruling on Col Ndahura’s Application. On the same day, the prosecution will reply to Muhangi’s bail application.
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