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Saturday,November 28,2020 19:41 PM

Agasirwe's bail hangs in balance

By Douglas Mubiru

Added 26th February 2020 09:27 AM

Appearing yesterday at the Makindye based General Court Martial (GCM) in Kampala for hearing of his bail application, court Chaired by Lt. Gen. Andrew Gutti declined to hear his bail because his lawyers were not in court.

Agasirwe's bail hangs in balance

Appearing yesterday at the Makindye based General Court Martial (GCM) in Kampala for hearing of his bail application, court Chaired by Lt. Gen. Andrew Gutti declined to hear his bail because his lawyers were not in court.

 

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The incarcerated Senior Superintendent of police, Nixon Agasirwe's hope to get temporary freedom hangs in balance after the court failed to hear his bail application due to his indisposed lawyers.

Agasirwe is battling charges of kidnapping, repatriating Rwandan nationals and unlawful possession of firearms and grenades.

Appearing yesterday at the Makindye based General Court Martial (GCM) in Kampala for hearing of his bail application, court Chaired by Lt. Gen. Andrew Gutti declined to hear his bail because his lawyers were not in court.

This forced Gutti to grant a short adjournment and gave more time to the accused and his relatives who had filled court to communicate and avail the latter's lawyers but in vail.

"Since the accused lawyers are not in court, I stand off this matter for three hours to enable you to avail your lawyers," Gutti ruled.

However, when it clocked at 2:00pm, Agasirwe's lawyers where nowhere to be seen. This forced Gutti to adjourn the case, of which he did not slate the returning date.

Prior Agasirwe petitioned the court that he would use private lawyers during his trial but not the state's Maj Silas Kamanda Mutungi.

It should be noted that in November 2017, the same court declined to give Agasirwe bail on grounds that he will interfere with the ongoing investigations using his prominence in the Police Force.

The court also found the then sureties not substantial for they were senior police officers, who never presented letters of clearance from the Inspector General of Police in line with provisions of the police standing orders.

Other Senior Police officers jointly charged with Agasirwe and on bail include former commandant of police Professional Standards Unit Joel Aguma, Professional Standards Unit Joel Aguma, both formerly attached to the Police Flying Squad and Assistant Superintendent of Police James Magada plus D/Cpl Amon Kwarisiima attached to Crime Intelligence.

Those not on bail are the former police's Standards Unit commandant, Benon Atwebembeire, Sgt Abel Tumukunde, nd Faisal Katende.

Prosecution led by Maj. Raphael Mugisha asserts that the accused unlawfully kidnapped Jackson Kalemera alias Ndiga and Lieutenant Joel Mutabazi and delivered them to Rwanda without their consent.

It is also contended that on October 25, 2013, at Kamengo in Mpigi district along the Kampala-Masaka road, while in unlawful possession of firearms and grenades, ordinarily a monopoly of Uganda People's Defence Forces, the accused persons conveyed Kalemera and Mutabazi to Rwanda.

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