20th September 2023.
KAMPALA – The Anti-Corruption Court has granted permission for the cross-examination of police officers involved in the case of Karamoja Affairs Minister, Goretti Kitutu, who alleges she was tortured during her arrest. The presiding judge, Justice Jane Okuo Kajuga, emphasized the importance of understanding the circumstances surrounding Kitutu’s arrest.
This decision comes as Kitutu faces charges related to the alleged diversion of iron sheets meant for the Karamoja region, where she is accused of benefiting herself and third parties. Kitutu, who also serves as the Woman Member of Parliament for Manafwa District, claims she was subjected to torture and denied access to her legal representation.
The legal team representing Kitutu includes Dr. James Akampumuza, Jude Byamukama, and John Musiime. Among the police officers to be cross-examined are Assistant Superintendent of Police Juliet Mutuwa, Erias Tumwesige, and Sophie Nebosh.
Justice Kajuga highlighted the broader implications of human rights issues on the criminal case, stating that if it is established that non-derogable rights were violated, it could lead to the halt of the criminal proceedings.
Kitutu alleges that on April 4, 2023, she was arrested, blindfolded, and transported to Kayunga at high speed, where she was intimidated and denied access to her legal counsel, a violation of her constitutional right to a fair trial. Consequently, Kitutu seeks to have her trial at the Anti-Corruption Court in Kololo, Kampala, declared null and void.
“I seek a declaration that investigation into the alleged theft of iron sheets meant for Karamoja community empowerment program and the resulting criminal charges were irreparably tainted with gross abuse of applicant’s non-derogable rights,” Kitutu’s application states.
However, the police have vehemently denied these allegations. Assistant Superintendent of Police Juliet Mutuwa, formerly attached to Parliament, has stated that Kitutu’s application contains falsehoods and does not present an accurate account of the events during her arrest.
The charges against Kitutu include causing the loss of public property in the form of 9,000 pre-painted iron sheets gauge 28 between June 2022 and January 2023. It is alleged that she diverted these iron sheets from the intended purpose of benefiting the Karamoja Community Development Programme (KCEP) for her own benefit and that of third parties.
Furthermore, Kitutu is accused of diverting an additional 5,500 pre-painted iron sheets of gauge 28 from the KCEP to her benefit and the benefit of others. The state also alleges that Kitutu, her brother Michael Kitutu Naboya, and her personal assistant Joshua Abaho conspired to defraud KCEP beneficiaries of 9,000 pre-painted iron sheets gauge 28.
Naboya faces allegations of receiving 100 pre-coated iron sheets of gauge 28 marked OPM-Uganda with the belief that they were feloniously obtained. Abaho, on the other hand, is accused of diverting 9,000 pre-painted iron sheets meant for KCEP for purposes unrelated to their intended use, as well as an additional 5,500 pre-painted iron sheets.
As the case unfolds, the cross-examination of police officers is expected to shed light on the events leading up to Kitutu’s arrest and the alleged human rights violations she claims to have experienced. The court will be closely monitoring these developments, and the outcomes could have a significant impact on the ongoing trial.
