Africa-Press – Uganda. Government Analytical Laboratory (GAL) has on September 5 asked court for two weeks to produce the DNA results of a three months old baby who was detained after the parents failed to pay a Shs4m bill.
The presiding trial judge Esta Nambayo heard that the DNA test was carried out on the baby and its parents last week on Friday as per the court’s directive.
However, the laboratory needed two more weeks to come up with a report.
“When we last appeared before you, you directed that the first applicant be subjected for DNA and I am glad to report that we complied with that order and samples were taken on Friday in the presence of both parties. We were advised by GAL that the results will be out after 14 working days. Today is the second working day. It will take us to around September 20 since they are the ones in control of the process,” the hospital’s lawyer, Mr Mukiibi Semakula submitted.
Mr Semakula had also sought for a court order for telecom companies’ data logs. However his prayer was cut short by Justice Nambayo who informed him that such applications could only be made in the magistrate’s courts and not the High Court.
“This case is adjourned to September 22 for mention as the purpose is to get a report from GAL and all replies in the case must be filed in court by that time,” Justice Nambayo ruled.
The order to have the baby’s DNA tested was previously prompted by its mother Saloome Aturinde who failed to ably identify him when she was asked if it was her baby. She gave birth three months ago but was taken away from her shortly after birth.
“The mother having failed to identify the baby, it is hereby directed that the baby, its mother and father have DNA to be done at the Government Analytical Laboratory in Wandegeya (GAL) at the expense of the hospital,” Justice Esta Nabayo ruled recently.
The baby was taken back to Loving Hearts Babies home where it’s still in custody as the court waits for the DNA test results.
In the lawsuit filed before the High Court Civil Division in Kampala, the child through a next of kin, Bridgers Alinda Mugenyi and the mother, Aturinde are seeking for court’s declaration that the acts of Roswell hospital in detaining their baby pending payment of the outstanding medical bills has subjected the baby to inhumane, cruel, degrading treatment.
“The respondent’s (hospital) action of denying the second applicant (Aturinde) access to breastfeed or even deliver pumped breast milk to the first applicant (baby) is inhuman, cruel, degrading treatment and has subjected the first applicant to all health risks associated with not breastfeeding and the second applicant to psychological torture,” the court documents read in part.
According to the court documents the applicants state that the hospital is not entitled to any payment of medical bills for the period the baby was placed under illegal detention and that allowing such would be condoning an illegality.
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