Judge declines to recuse himself in Susan Magara murder case

High Court judge Alex Ajiji has declined to recuse himself in the case in which nine people are undergoing trial for the 2018 kidnap and murder of Susan Magara.

 On Tuesday, justice Ajiji ruled that the suspects did not advance any serious reasons requiring him to recuse himself from handling the case thus ordering further hearing.

“The suspects had a right of appeal against my decision that threw out their torture claim application, but they have never appealed. Justice is two way; it cannot be for the accused persons alone- even the relatives of the victim in this case are equally hurting,” justice Ajiji ruled.

“I took a judicial oath whose mandate I have to exercise. I have followed this trial right from the beginning, and I have the right to refuse scandalous or embarrassing questions during examination of the prosecution witnesses and cross-examination by the defense lawyers,” he added.

Justice Ajiji also declined to issue an order to African Centre for Treatment and Torture Victims directing it to avail original medical documents to the suspects. The judge reasoned that it was a private affair with suspects thus he cannot order the Non-Government Organisation (NGO).

The suspects led by Muzamiru Ssali had asked justice Ajiji to recuse himself from handling the case stating that “the judge had declined to grant them an order to get their medical documents which they cannot access in prison.

“We were tortured by the security agents. Medical examinations where carried out on us but the judge has refused to grant an order for us to get our original medical documents from African Centre for Treatment and Torture Victims. This is very crucial evidence for us that will lead to the nullification of our trial,” Ssali told court.

Other suspects in the case are Yususf Lubega, Hussein Wasswa, Hajara Nakandi, Abubaker Kyewolwa, Mahad Kisalita, Hassan Kato Miiro, Ismail Bukenya and Musa Abbas Buvumbo.

However, when the judge asked the suspects’ lawyer why they did not appeal against his decision, Benjamin Wanda said that they were only given instructions for the criminal trial and not for the torture application, which he described as their (suspects’) own application.

The case is adjourned to September 11 for further hearing.

Prosecution states that the suspects in jail and others still at large on February 7, 2018, kidnapped Magara, a cashier with Bwedero Dairy Farm (BDF) with intent to procure a ransom or benefit from her liberation from the danger of being murdered.