Just minutes after the Court Martial dropping charges of illegal possession of firearms and ammunition which were earlier slapped against Kyadondo East member of Parliament, Robert Kyagulanyi Ssentamu, he has been re-arrested by Police in Gulu.
“I have been informed to inform you (Bobi Wine) that you are under arrest. We shall cooperate with them to the extent that we can. We are going to chief magistrates court in Gulu,” Ssegoona told Bobi Wine just minutes after the military court ruling.
By publication time, Kyagulanyi was before the magistrate’s court in Gulu awaiting fresh charges.
Mr Kyagulanyi was arrested along with other 33 people including MPs Francis Zaake, Gerald Karuhanga, Kassiano Wadri and Paul Mwiru on August 13, to aid investigations in the violence which ensued on the last day of campaigns in the Arua municipality by-elections.
However, unlike other suspects who were charged with treason, Mr Kyagulanyi was last week charged in the Court Martial in Gulu, before being airlifted to Makindye Military Barracks, where he has been detained.
In Thursday’s court martial sitting presided over by its chairperson General Andrew Guti, prosecution dropped the gun charges, preferring to charge him with more serious charges of treason and declared him free.
“This court agrees that it will indeed be a double jeorpady to the accused person if proceedings before this court continue,” the court martial Chairman ruled.
“Accordingly this court pronounces itself that continuing to try the accused on the same facts on another case in a civil court will cause injustice to the accused. It is fair and equitable that the accused be tried in a civil court where he is to be charged with other suspects,” Gen Guti said.
“This court hereby terminates the proceedings against against Kyagulanyi before this court. You are accordingly set free unless you are held under other charges”.
His defence lawyers had earlier argued that the military court had no jurisdiction to try a civilian.
Prosecution had earlier preferred to charge him with more serious charges of treason and prayed that he be handed over to Police.
But lawyer Ssegona objected to this which he said would make the court martial an arresting instrument for the Police which is not the case.
“The withdrawal of charges is a relief to us. But what we object to is that this court be used as a tool to arrest a civilian. The moment charges are withdrawn, he (Bobi Wine) becomes free,” lawyer Ssegona submitted.
“The court is not an instrument to arrest for police”.
He said Bobi Wine was arrested and had his rights violated and thus needs to be released.
“Supposing Police has no charge against him? We pray that you have him declared a free man. He is an MP and he is not a fugitive,” Ssegona said.
