Paulo Muwanga on kidnap charges
Jul 17, 2009
OVER time, the Court has decided on a number of high profile cases. In a series, <i>Saturday Vision</i> looks back at some of the attention-grabbing cases that have visited the court room. This week, we review Paulo Muwanga's kidnap charge.
OVER time, the Court has decided on a number of high profile cases. In a series, Saturday Vision looks back at some of the attention-grabbing cases that have visited the court room.
By chris kiwawulo
PAULO Muwanga was Uganda’s head of state in 1980, a minister and later, Vice-President, from 1981 to 1985 in the Obote II regime.
When the NRM Government took power in 1986, several relatives of people arbitrarily arrested and killed accused Muwanga of kidnap with intent to murder. He was also accused of detaining people at the Nile Mansions (now Serena Hotel).
That year, Muwanga was arrested, charged and sent to Luzira Maximum Prison. He was accused of kidnapping at least four people and tried in the Kampala Magistrate’s Court for four years. The Director of Public Prosecutions, MacDusman Kabega, tussled it out with Muwanga’s lawyer, Edward Elue, until the former minister was released in 1990, after the State lost interest in his case.
During the trial period, Muwanga also appeared before the Uganda Human Rights Commission, where many people had lodged cases of human rights abuse against him.
Prosecution
The first charge Muwanga faced was of kidnap with intent to murder Joseph Katumba and Vincent Mawejje, who were brothers. However, on April 27, 1988, the charge reduced to kidnap with knowledge that the person will probably be murdered. This was after Muwanga’s lawyer contested the charge as inapplicable to his client.
Katumba, 37, was the first witness to testify on May 19, 1988. He told court that he and his brother were driving a truck carrying powdered milk, iron bars, spare parts and water chemicals from Mombasa to Rwanda when intelligence officers stopped them on the orders of Muwanga. He said the incident took place on June 6, 1981 at Lugazi in Jinja district.
Katumba said the armed officers took him and his brother to Muwanga who interrogated them and later served them with lunch. “But he (Muwanga) looked unsatisfied with our explanations.†He explained that Muwanga called his ‘boys’ who took the brothers from Nile Mansions and detained them in a crowded safe house in Nakasero, where they were stripped naked and tortured.
Katumba added that the soldiers threatened to break their hands and cut them with machetes if they did not tell them where the arms were. “They said we were carrying arms but we asked them to check the truck to prove that we had no arms.â€
After a few days, Katumba testified, he was ordered to drive the truck to Kireka Military Barracks amid tight security. The truck was searched but no arms were found.
“I thought we were going to be released but they told us to wait for orders from above. We were detained at Kireka for four months before we were transferred to Luzira Maximum Prison, where we spent two years and eight months,†Katumba narrated to court.
On the same day (May 19), Mawejje also pinned Muwanga for ordering their arrest, incarceration and torture.
On May 30, 1988, Kabega asked the High Court, presided over by Justice C. M Kato, to convict Muwanga, basing on the evidence his side had presented.
On July 4, 1988, Jutice Kato absolved Muwanga of the charge but he was re-arrested that day over kidnap with intent to murder Francis Lubega of Masaka on September 17, 1982.
The trial began a week later, and Muwanga, then 64, denied the charge. Elue then moved to apply for bail for Muwanga on August 15, 1988 but Kabega objected, saying the prosecution needed to study the Criminal Investigations Department file first.
At this point, another case popped up. On September 5, 1988, Muwanga faced new charges of kidnapping Paulo Nyanzi of Bukulula in Masaka district with intent to murder him. Kampala Court Magistrate Sekabira Juuko heard the case first, then Chief Magistrate Edward Bamwite took over. Kabega told court that on August 2, 1981, while serving as Vice-President, Muwanga kidnapped Nyanzi and detained him at the Nile Mansions.
As the case was being heard, several people lodged complaints against Muwanga at the Uganda Human Rights Commission. He, in turn, demanded to appear before the commission, headed by Justice Arthur Oder (RIP) to clear his name.
But in a twist of events, Kabega, on October 25, 1990 said the State was no longer interested in Muwanga’s case and had withdrawn the charges. “Muwanga is therefore a free man in the eyes of the law and should be allowed to enjoy his freedom like other citizens,†Kabega submitted.
Defence
Muwanga’s lawyer, Elue, argued that the case of kidnap with intent to murder was not applicable, forcing the amendment of the charge to detention with knowledge that a person will probably be murdered.
In the Katumba and Mawejje case, Elue argued that it was not his client but intelligence officers who arrested and tortured them.
He said the fact that Muwanga served the complainants lunch showed that he had no intention of harming them. He argued that Katumba and Mawejje’s evidence sounded like hearsay. He noted that Katumba and Mawejje themselves had testified that it was intelligence officers and not Muwanga, who had arrested the men.
In the matter involving Lubega in July 1988, Muwanga denied the charge and Elue sought bail for him. On August 15, 1988, the lawyer made an application before acting Justice M.K Kalanda, who was sitting in for Justice Kato, to grant Muwanga bail with energy minister Jaberi Bidandi Ssali and businessman Kintu Musoke as Muwanga’s sureties. Elue also argued that his client was of advanced age, 64, had to look after 40 orphans and had never jumped bail before.
When Nyanzi’s case came up, Elue submitted that his client wanted to clear his name before the human rights commission because many people were coming up to accuse him. After the cases were dismissed, Elue asked court to provide security for Muwanga, a former head of government and Vice-President.
Ruling
On July 4, 1988, Justice Kato ruled that Muwanga was not guilty in the Katumba and Mawejje case. He stated that the evidence against Muwanga was circumstantial and did not prove his guilt, therefore it was not sufficient to lead to a conviction. However, he agreed that force was used during the arrest of Katumba and Mawejje, although he said it was security officers and not Muwanga, who were implicated.
The judge concurred with the assessors that the victims were arrested by Policemen who suspected them of carrying arms on their Rwanda-bound truck.
“After the two were taken to Muwanga in the Nile Mansions and he got satisfactory replies from them, the accused later invited the two for lunch with him. Their truck was allowed to proceed to its destination in Rwanda, a gesture which was cordial,†Justice Kato pointed out.
When Elue applied to the High Court to grant Muwanga bail on August 15, 1988, acting judge M.K Kabalanda rejected his application. He agreed with the submission by Kabega that they needed to peruse the file at the CID. “The accused’s bail application cannot be considered in isolation of the details of the CID file,†Kabalanda observed. The judge, however, ruled that the file be studied in 30 days, instead of the 60 that Kabega had asked for.
After the charges were dropped, Kampala Court Chief Magistrate Edward Bamwite freed Muwanga and also concurred with Elue that he needed security as a former head of state. Bamwite said he would notify the relevant authorities to take action.
After his release, it was reported that Muwanga spent about an hour at the court premises waiting for his release documents. He was quoted as saying: “God is great.â€
FEEDBACK
If you have comments on this story or you know of any old court story you would like to share with us, email the editor at saturday@newvision.co.ug
By chris kiwawulo
PAULO Muwanga was Uganda’s head of state in 1980, a minister and later, Vice-President, from 1981 to 1985 in the Obote II regime.
When the NRM Government took power in 1986, several relatives of people arbitrarily arrested and killed accused Muwanga of kidnap with intent to murder. He was also accused of detaining people at the Nile Mansions (now Serena Hotel).
That year, Muwanga was arrested, charged and sent to Luzira Maximum Prison. He was accused of kidnapping at least four people and tried in the Kampala Magistrate’s Court for four years. The Director of Public Prosecutions, MacDusman Kabega, tussled it out with Muwanga’s lawyer, Edward Elue, until the former minister was released in 1990, after the State lost interest in his case.
During the trial period, Muwanga also appeared before the Uganda Human Rights Commission, where many people had lodged cases of human rights abuse against him.
Prosecution
The first charge Muwanga faced was of kidnap with intent to murder Joseph Katumba and Vincent Mawejje, who were brothers. However, on April 27, 1988, the charge reduced to kidnap with knowledge that the person will probably be murdered. This was after Muwanga’s lawyer contested the charge as inapplicable to his client.
Katumba, 37, was the first witness to testify on May 19, 1988. He told court that he and his brother were driving a truck carrying powdered milk, iron bars, spare parts and water chemicals from Mombasa to Rwanda when intelligence officers stopped them on the orders of Muwanga. He said the incident took place on June 6, 1981 at Lugazi in Jinja district.
Katumba said the armed officers took him and his brother to Muwanga who interrogated them and later served them with lunch. “But he (Muwanga) looked unsatisfied with our explanations.†He explained that Muwanga called his ‘boys’ who took the brothers from Nile Mansions and detained them in a crowded safe house in Nakasero, where they were stripped naked and tortured.
Katumba added that the soldiers threatened to break their hands and cut them with machetes if they did not tell them where the arms were. “They said we were carrying arms but we asked them to check the truck to prove that we had no arms.â€
After a few days, Katumba testified, he was ordered to drive the truck to Kireka Military Barracks amid tight security. The truck was searched but no arms were found.
“I thought we were going to be released but they told us to wait for orders from above. We were detained at Kireka for four months before we were transferred to Luzira Maximum Prison, where we spent two years and eight months,†Katumba narrated to court.
On the same day (May 19), Mawejje also pinned Muwanga for ordering their arrest, incarceration and torture.
On May 30, 1988, Kabega asked the High Court, presided over by Justice C. M Kato, to convict Muwanga, basing on the evidence his side had presented.
On July 4, 1988, Jutice Kato absolved Muwanga of the charge but he was re-arrested that day over kidnap with intent to murder Francis Lubega of Masaka on September 17, 1982.
The trial began a week later, and Muwanga, then 64, denied the charge. Elue then moved to apply for bail for Muwanga on August 15, 1988 but Kabega objected, saying the prosecution needed to study the Criminal Investigations Department file first.
At this point, another case popped up. On September 5, 1988, Muwanga faced new charges of kidnapping Paulo Nyanzi of Bukulula in Masaka district with intent to murder him. Kampala Court Magistrate Sekabira Juuko heard the case first, then Chief Magistrate Edward Bamwite took over. Kabega told court that on August 2, 1981, while serving as Vice-President, Muwanga kidnapped Nyanzi and detained him at the Nile Mansions.
As the case was being heard, several people lodged complaints against Muwanga at the Uganda Human Rights Commission. He, in turn, demanded to appear before the commission, headed by Justice Arthur Oder (RIP) to clear his name.
But in a twist of events, Kabega, on October 25, 1990 said the State was no longer interested in Muwanga’s case and had withdrawn the charges. “Muwanga is therefore a free man in the eyes of the law and should be allowed to enjoy his freedom like other citizens,†Kabega submitted.
Defence
Muwanga’s lawyer, Elue, argued that the case of kidnap with intent to murder was not applicable, forcing the amendment of the charge to detention with knowledge that a person will probably be murdered.
In the Katumba and Mawejje case, Elue argued that it was not his client but intelligence officers who arrested and tortured them.
He said the fact that Muwanga served the complainants lunch showed that he had no intention of harming them. He argued that Katumba and Mawejje’s evidence sounded like hearsay. He noted that Katumba and Mawejje themselves had testified that it was intelligence officers and not Muwanga, who had arrested the men.
In the matter involving Lubega in July 1988, Muwanga denied the charge and Elue sought bail for him. On August 15, 1988, the lawyer made an application before acting Justice M.K Kalanda, who was sitting in for Justice Kato, to grant Muwanga bail with energy minister Jaberi Bidandi Ssali and businessman Kintu Musoke as Muwanga’s sureties. Elue also argued that his client was of advanced age, 64, had to look after 40 orphans and had never jumped bail before.
When Nyanzi’s case came up, Elue submitted that his client wanted to clear his name before the human rights commission because many people were coming up to accuse him. After the cases were dismissed, Elue asked court to provide security for Muwanga, a former head of government and Vice-President.
Ruling
On July 4, 1988, Justice Kato ruled that Muwanga was not guilty in the Katumba and Mawejje case. He stated that the evidence against Muwanga was circumstantial and did not prove his guilt, therefore it was not sufficient to lead to a conviction. However, he agreed that force was used during the arrest of Katumba and Mawejje, although he said it was security officers and not Muwanga, who were implicated.
The judge concurred with the assessors that the victims were arrested by Policemen who suspected them of carrying arms on their Rwanda-bound truck.
“After the two were taken to Muwanga in the Nile Mansions and he got satisfactory replies from them, the accused later invited the two for lunch with him. Their truck was allowed to proceed to its destination in Rwanda, a gesture which was cordial,†Justice Kato pointed out.
When Elue applied to the High Court to grant Muwanga bail on August 15, 1988, acting judge M.K Kabalanda rejected his application. He agreed with the submission by Kabega that they needed to peruse the file at the CID. “The accused’s bail application cannot be considered in isolation of the details of the CID file,†Kabalanda observed. The judge, however, ruled that the file be studied in 30 days, instead of the 60 that Kabega had asked for.
After the charges were dropped, Kampala Court Chief Magistrate Edward Bamwite freed Muwanga and also concurred with Elue that he needed security as a former head of state. Bamwite said he would notify the relevant authorities to take action.
After his release, it was reported that Muwanga spent about an hour at the court premises waiting for his release documents. He was quoted as saying: “God is great.â€
FEEDBACK
If you have comments on this story or you know of any old court story you would like to share with us, email the editor at saturday@newvision.co.ug