For the umpteenth time, Luzira prison authorities yesterday failed to produce Jamil Makulu, the leader of rebel outfit Allied Democratic Forces, to the Jinja Chief Magistrate’s court, ignoring a production warrant.
On December 21, 2016, John Francis Kaggwa, the court’s chief magistrate, issued a production warrant after Mukulu’s lawyers filed an application in the court challenging the procedure used by the state to commit him to the International Crimes division (ICD) of the High court.
As expected, Mukulu’s relatives were at the court premises by 7am expecting to see him.
“We are happy that you [press] are here,” said a middle-aged woman, before adding, “But they might still decide not to bring him today.”
At 8:15am, Mukulu’s lawyers, Caleb Alaka, Samuel Mulindwa Muyizzi and Ladislaus Rwakafuuzi, arrived at the court, saying they were ready to argue their client’s application.
In the application, Mukulu wants his file to be brought back to the magistrate’s court from the International Crimes division (ICD) such that he can be properly committed. Security outside the court premises was tight and the main road leading to court was cordoned off.
This raised some hope that Mukulu could be produced in court this time. But soon it became apparent that Mukulu would not appear because even the director of public prosecutions (DPP) hadn’t sent any of his Kampala-based lawyers.
This prompted Alaka to make frantic calls to the DPP’s office, asking why no one had been sent to represent the state.
“They are telling me that they are in emergency meetings. They are not taking this case seriously,” Alaka said, adding that the case is being followed not only by the local media but also the international media.
However, the ominous sign that Mukulu would not appear before court was when security officers opened the road leading to the court for public use. Later, personnel from the counter-terrorism unit who had been stationed at various points started withdrawing.
“I have been trying to make calls to Prisons authorities to know if they are bringing the suspects,” Rwakafuuzi said, “But they are all telling me that they have to consult since it’s a sensitive matter. What’s so sensitive about producing somebody in court?”
Defence lawyers then held a closed-door meeting with chief magistrate Kaggwa, which lasted about 40 minutes, but still Mukulu was nowhere to be seen. At 11am, magistrate Kaggwa lost his patience and decided to proceed with the hearing with or without Mukulu.
As proceedings got underway, James Muliro, a Jinja-based state prosecutor, stepped in on behalf of the DPP. Drawing first blood, Alaka told magistrate Kaggwa that defence lawyers needed an explanation to why the state has made it a habit not to produce Mukulu in court despite court orders.
“The suspect’s right to a fair hearing is being violated,” Alaka said. “The applicant is supposed to be committed when he is present. There, he can also get the committal papers which include the summary of evidence and the indictment.”
Kaggwa asked Muliro to offer an explanation as to why Mukulu was not in court. Muliro admitted that he did not have any clue.
“Your Worship, we also expected the accused to be here,” Muliro said. “So, I have no idea why he isn’t in court.”
With that, Alaka changed tact, this time asking the magistrate to write to the ICD to bring back Mukulu’s file in order for him to be properly committed.
“You have jurisdiction over committal proceedings. That is why that file should return to this court,” Alaka said.
But Kaggwa said that since the ICD is a superior court, he could not order it; he can only notify it. Kaggwa further told Alaka that as Mukulu’s lawyer, he could also write to the ICD notifying it of the anomaly.
In the end, the two agreed that they both write to the ICD before the case comes up again for mention on January 30, 2017.
“I’m going to ensure that I follow this up within this month because procedure must be followed when committing somebody,” Alaka said.
Mukulu and his co-accused, Mohamed Matovu and Omar Abdullah, are facing murder, treason and terrorism-related charges. Prosecution alleges that Mukulu masterminded the murder of about 80 students at Kichwamba Technical Institute in 1998.
Mukulu, who was arrested in Tanzania in April 2015, was first detained at Nalufenya police post in Jinja before he was remanded to Luzira prison in September last year. He was taken to Luzira after he complained of torture by police officers at Nalufenya.
“Nalufenya is not a prison; it is a slaughterhouse and a pig sty. I am forced to eat pork and drink waragi. I am also detained with rapists and defilers,’’ he complained in September.
Asked why Mukulu wasn’t produced in court, Frank Baine, the spokesperson of the Uganda Prisons Service, denied any foul play.
“We communicated to the magistrate that we won’t produce him because of security concerns,” Baine said, adding, “not everything is told to the media. Some of these things are sensitive.”
dkiyonga@obsever.ug