DPP tasked to explain how acquitted suspect returned to Luzira prison

Kampala, Uganda | THE INDEPENDENT | The Court of Appeal has summoned the Director of Public Prosecutions and prison authorities to explain how Amir Kinene, a suspect who had been acquitted of terrorism found his way back to Luzira prison.

Kinene was acquitted of terrorism and charges of murder by the International Crimes Division of the High court in 2017. The trial came at the height the killing of Muslim clerics in parts of Kampala and Wakiso, many of who were gunned down by assailants riding on motorcycles.

In the aftermath, the police arrested Kinene and 13 others and charged them with terrorism and the murder of some Islamic group leaders. But the court convicted six of the suspects, among them; Sheikh Yunus Kamoga, the head of Jamaat Dawa Salafiya, alongside Sheikh Siraj Kawooya, Sheikh Murta Mudde Bukenya, Sheikh Fahad Kalungi, Kakande Yusufu alias Abdallah and Sekayaja Abdulsalam alias Kassim Mulumba.

The same Court acquitted Amir Kinene, his brother Hakeem Kinene, Abdul Rashid Sematimba, Hamza Kasirye, Twaha Sekitto, Rashid Jingo, Musa Isa Mubiru and Yiga George William. However, the acquittal was challenged by the Directorate of Public Prosecutions arguing that the court had sufficient evidence which was not examined at the time of the trial.

Today, Kinene was expected in the court as the hearing of the appeal took place. However, Senior State Attorney Stanley Baine told the court that Kinene had reportedly been convicted of offences he couldn’t remember and returned to Luzira Prison.

Assistant Superintendent of Prisons Sam Ekalaam Okiria confirmed to the court that Kinene was in Luzira Upper Prison but on remand. He, however, said that he did not have details on the charges against Kinene.

But the Deputy Chief Justice Alphonse Owiny Dollo questioned how the prisons authorities could hold a suspect in detention without an order.  He subsequently tasked the Officer in Charge of Luzira Upper Prison to appear in court tomorrow with Kinene and the DPP to explain circumstances under which he ended up in prison.

Meanwhile the same appellant court heard an appeal filed by the six convicted Muslim leaders challenging the life imprisonment and 30-year jail sentence handed to them in 2017 over terrorism.

The appellant’s lawyers led by Fred Muwema and McDusman Kabega asked the court to quash their sentence and conviction. Muwema argues that the ICD Judges erred in law and fact by convicting them on terrorism basing on the same evidence which the court had based on to acquit them of murder.

He also told the court that the voluminous record of evidence before the court was just based on religious wrangles but was not sufficient enough even to convict someone on assault charges.

However, the State Prosecutor Jacqueline Okwi has opposed the application arguing that the evidence was sufficient. The Judges have now asked for written submissions on the matter then the judgment will be communicated on notice.

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