Africa-Press – Uganda. Court at City Hall on Thursday stayed proceedings in the arms case against former presidential candidate, Lt Gen Henry Tumukunde.
The staying of the criminal proceedings, by Senior Grade One Magistrate Valerian Tuhimbise, was to enable the High Court inquire into allegations of violation of his personal liberties during his arrest and prison detention about a year ago.
“The application raises questions of violation of the applicant’s (Gen Tumukunde) non-derogable rights and rights to personal liberty that require determination before proceeding with his criminal trial,” magistrate Tuhimbise ruled.
“The proceedings in criminal case no. 392/ 2020 are stayed pending the determination of the above questions before the High Court,” he added.
Gen Tumukunde was also ordered to continue reporting to court on a monthly basis for the update on the progress of the inquiry in the High Court.
Gen Tumukunde is facing charges of unlawful possession of firearms which were slapped against him shortly after he showed interest in running for presidency early last year.
The former security minister had in his application to court, claimed that while being arrested by security operatives, he was not given reasons to why he was being arrested.
He also claims he was held in police cells for six days, a period longer than the recommended constitutional hours without being produced before court or released on police bond.He had also claimed to have been held in solitary confinement.
But in reply, the State through the affidavits of Assistant Commissioner of Police Isaac Oketcho and Assistant Commissioner of Prisons, Moses Sentalo, said Gen Tumukunde was arrested in a dignified manner and was also told why he was being arrested.
The State had also justified the delayed arraignment of the former presidential candidate in court on grounds that he developed a medical condition that needed to be handled fast before being taken to court.
About being held in solitary confinement, the State claimed Gen Tumukunde was allowed to freely mix with other inmates and also given a television set to watch news and follow other programs thereby keeping him company and busy.
However, the State was quick to say that at the time he was sent on remand at Luzira and later Kitalya prisons, there was a national lock down due to Covid-19, hence separating inmates.
The State also indicated that given Gen Tumukunde’s career background, it required prisons to protect him from other inmates who would pose a threat to his life.
