Minister Kitutu keen on mabaati case dismissal
Minister for Karamoja Affairs Mary Goretti Kitutu (left) and Junior minister for Karamoja Affairs Agnes Nandutu appear before the presidential affairs committee at Parliament on March 1. PHOTO/DAVID LUBOWA
What you need to know:
- Through her lawyers, Ms Kitutu also alleges that her non-derogable right to a fair hearing was violated through denial of disclosure of exculpatory exhibits and documents in possession of the state.
The Karamoja Affairs minister has asked court to dismiss a case in which she stands accused of leading to loss of 9,000 iron sheets intended for the Karamoja Community Empowerment Programme.
Ms Mary Gorretti Kitutu, who is also the Woman lawmaker for Manafwa District, alleges that she was tortured by security agents, including police detectives and other state organs, during investigations into the matter.
She is jointly charged with her brother Michael Naboya Kitutu and Mr Joshua Abaho, a senior assistant secretary in the Office of the Prime Minister (OPM), on two offences of loss of public property and conspiracy to defraud before the Kololo-based Anti-Corruption Court.
Ahead of prosecution adducing evidence in court, Ms Kitutu has detailed a litany of alleged misdeeds such as being denied legal representation after having been arbitrarily detained.
She also claims to have been subjected to inhuman and degrading treatment that included being blindfolded and driven to Kayunga District in the dead of the night. The minister opines that it was a calculated ploy to force her into admitting to crimes she claims not to have committed.
Ms Kitutu further says the actions of the state agents and officers were calculated to deny her a fair hearing and to cast her as a villain in the public domain. She adds that due to the “malicious actions”, her right to a fair hearing was irreparably and gravely compromised.
“…she was immediately arrested upon arrival and subjected to an inquisitorial questioning by a mob of around nine security persons about issues to do with stores of iron sheets, which were procured for Karamoja [Sub-]region,” reads the complaint, revealing that she was arrested upon trying to seek audience with Maj Tom Magambo, the director of Criminal Investigations Directorate (CID).
The Karamoja Affairs minister now wants court to declare that “the investigations into the alleged theft of iron sheets meant for Karamoja Community Empowerment Programme and the resulting criminal charges were irreparably tainted with gross abuse of [Ms Kitutu’s] non-derogable rights with the effect that the resultant trial is a nullity in law.”
Through her lawyers, Ms Kitutu also alleges that her non-derogable right to a fair hearing was violated through denial of disclosure of exculpatory exhibits and documents in possession of the state.
Justice Jane Kajuga has consequently halted the trial until determination of the application.
“The application before this court is raising issues of fundamental human rights and [the] court is enjoined to take action. If the question of human rights is raised, [the] court is expected to sit up and take action,” she said before setting September 14 for hearing the application.
