High Court to hear Dr. Ssali case in March

The High Court in Kampala has set March 9, 2017 to hear the case in which fertility doctor, Edward Tamale Ssali, is accused of causing the death of a patient.

Yesterday, High Court judge Wilson Kwesiga set the date and instructed the Director of Public Prosecution (DPP) to serve the hearing notices to Ssali and anaesthetist, Christopher Kirunda.

"Once the DPP files an appeal, it should be able to pursue and argue it so that it is not delayed" the Judge advised. The DPP was represented by senior state prosecutor Jackline Okwi.

Ssali, who is the director of Women's Hospital International and Fertility Centre, based in the city suburb of Bukoto was not represented in court while Dr. Mulburga Atcero, a sister to the deceased was present.

The Judge also blasted one Ben Tumwesigye who had turned up to court to represent Dr. Ssali, ordering him to keep quiet because he has no audience.  

"Are you a lawyer? I cannot record what you are saying because you are like any other person in court".

On June 13, 2014, former Buganda Road Court chief magistrate, Olive Kazaarwe acquitted the duo on grounds that prosecution failed to bring the lead suspect Rafique Parker, the doctor who carried out the surgery, to court.  

However, being dissatisfied with the lower court's ruling, the DPP filed an appeal, seeking to overturn Ssali's acquittal, saying it amounted to gross miscarriage of justice.

Therefore, the DPP wants the lower court's order be set aside and the respondents be found guilty and convicted accordingly.

In October 14, 2010 Mercy Ayiru died at Ssali's facility while undergoing an operation to remove fibroids called laparoscopic myomectomy.

Prior to that, Ssali and two others were charged with causing death of Ayiru by a rash and negligent act in 2012.

A post-mortem report from Mulago Hospital indicated that the deceased died of cardiac arrest.

The deceased's family insists that Ayiru's death was not accidental but criminal.

They complain that immediately after her death, the doctors panicked and told them that she developed complications and died before they could touch her.