Doctor suspected of abortion, petitions court to redeem image

By Andante Okanya

A medical doctor paraded by Police last year and suspected of procuring an abortion, has petitioned court to compel government to redeem his image.

On August 25, Henry Kadaaga and health lobby group Centre for Human Rights and Development(CEHURD), jointly filed a suit at the Civil division of the High Court in Kampala.

The Attorney General(AG) who is government’s chief legal advisor and representative, is listed as the defendant.

Kadaaga laments that he was humiliated, saying it was wrong for Police to parade him before the media without evaluating the circumstances that led him to act the way he did. 

Through Kabanda and Company Advocates, the doctor recounts events of last year March 17, when a one Mercy Ampire arrived at his Mulago Medical Clinic while bleeding profusely and later died.

He was arrested the next day, detained at Mulago Police Post for seven days. However, Kadaaga was released without a charge, and no case was preferred against him

Kadaaga denies having carried out an abortion, saying he only performed an emergency obstetric care(emergency surgery), as demanded of him by medical ethics, since her health was deteriorating.

“The second plaintiff(Kadaaga) conducted an abdominal ultrasound which revealed that the deceased had blood in her abdomen that was diagnosed as acute abdomen rapture necessitating an operation as a post abortion care service,” Kadaaga laments.

Kadaaga is seeking a court declaration that his arrest and detention violated his right to practice his profession contrary to Article 40 of the national Constitution.

He wants court to declare that  being paraded before the media violated his right to presumption of innocence until proved guilty.

Court has asked the AG to file his defence within 15 days from the date of receipt of the court documents.

In the summons dated August 26, 2015, the registrar Festo Nsenga has cautioned the AG to heed, lest the case is heard and determined without his input.

On Thursday, when New Vision sought a comment to confirm receipt from the director civil litigation in the AG’s office Cheborion Barishaki, he said he would check with the AG registry to ascertain the development.

A hearing date is yet to be set.

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