Lawyers accuse soldiers of torturing treason suspects

By Betty Amamukirori

DEFENSE lawyers in a case where 28 people are accused of treason, have told court that the suspects were tortured, walked on and tied with ropes by army soldiers before being dispatched to different police stations.

Charles Dalton Opwonya and Jane Magdalene Amooti told court that the accused persons were arrested, taken to the Chief of Military Intelligence (CMI) headquarters in Mbuya, where they were tortured and trampled on for two days.

“He was beaten, kicked, walked on tied with a rope and left to lie on the corridors for two days without food or water,” Opwonya said while referring to one of the accused, Geoffrey Wanican a 59 year old teacher and also one of the 28.

This follows a defence request for court to conduct a trial within a trial to ascertain the legality of a charge and caution statement taken from Wanican at Kabalagala police by an Assistant Inspector of Police, Robert Osiga.

Justice Frank Rugadya Atwooki accepted and the defence lawyers brought three witness; Wanican, Ovoya and Joseph Andama, the medical superintendent of Murchison Bay prison.

Wanican also tendered in an application accusing soldiers and police officers of torturing and forcing him to append his signature on a statement without interrogating him.

Andama’s statement in court showed that during a medical examination, it was observed that Wanican could not sit properly, had swellings on the left arm and one eye was not functioning.

While making a submission at High Court Kampala, Opwonya said that the police statement taken from Wanican at Kabalagala police station is illegal because it was made under duress. He said the accused was severally slapped and ears pulled during the process.

The lawyers also said that the statement was illegally made past the mandatory 48hours and that the accused was made to only sign a concocted 13page statement without being told what it was.

The 28 accused persons, were arrested in 2012 from different parts of the country, assembled and charged with two counts of treason and concealment of treason at Buganda Road Chief Magistrates’ court. They were later committed to high court for trial.

They were arrested in areas such as Mbuya, Kinawataka, Kalerwe, all in Kampala and in upcountry districts like Mbale, Soroti, Jinja and Gulu.

They include Swaibu Migadde, Richard Okot, Samson Semala, Musa Lutwama, Christopher Anewa, Geoffrey Wanican, Charles Ovoya, Dauda Gudoi, police constable Sam Gibzui Zamba, Leonard Eloba, Emmanuel Osako and Capt. Okello Charles.

Others are; Abbas Ahabib Yimani, Philip Omwony, Yunus Odaga, Abdul Ochan, Justine Okecha, Mario Othuman, Charles Ebietu, Florence Alyano, Asedri Oyeny, Jackson Ochen, Idd Bariki, Charles Okongo, Fred Ongom, William Owachangiu and Charles Oulanya.

It is alleged that the accused in 2009, including Dr. Bernard Onen, Lawrence Kiwanuka, Donasisno Oneka and Haji Yasin Nyanzi, who are now on the run, formed a rebel group and  hatched a plan to overthrow the government of Uganda.

The group was called the Uganda National Front/Army. It is purported that they used Nairobi and Kisumu in Kenya as their bases for conducting their activities.

However, the principle State Attorney Brian Kalinaki refuted the claims arguing that the accused was never tortured by police and the statement was conducted voluntarily. He asked court to accept it as prosecution evidence.

Meanwhile, Justice Rugadya has set August 4, for a ruling on the trial within trial.