Kampala, Uganda | GODFREY SSALI | Jailed senior police officer Nixon Agasiirwe Karuhanga has petitioned the High Court – Civil division seeking to challenge his trial before the Court-Martial in Makindye.
The former commandant of Special Operations Unit Nixon Agasirwe is facing charges of alleged kidnap of three Rwandese nationals.
Agasirwe wants to be released from custody at Luzira Prison on grounds that he is not a military officer and therefore cannot be subjected to military law.
He contends that the basis of his charges before the Court-Martial does not hold water as he cannot be blamed for illegally possessing a firearm, yet given his position as a Senior Superintendent of Police, he is licensed to hold one.
Agasirwe argues that unless the High Court intervenes, the army court will continue to violate his rights to a fair and speedy hearing, having had his ruling on bail deferred on two different occasions, to allow prosecution bring more charges against him.
The officer also accuses the army court of being biased and fears that justice shall not be served.
Agasirwe was in October Last year charged and remanded to Luzira Prison by the Court Martial in Makindye for alleged kidnap of three Rwandans whom he allegedly conveyed to their country without their consent in 2015.
Last week, another jailed senior police officer Joel Aguma petitioned the High Court’s Criminal Division challenging the decision by the army court in Makindye to decline to grant him bail on charges of Kidnap.
Aguma says on December 18, 2017 the Court-Martial refused to release him on bail on grounds that being a senior police officer , there is a high likelihood that he will use his position to interfere with witnesses.
Aguma now wants the High Court to review the Court-Martial’s decision and release him on bail because the charges against him are bailable, he has substantial sureties, and a permanent place of residence where he is the family’s sole bread winner and a care -taker of his sickly mother.