State has made Mabirizi a subject of persecution by arresting, sending him to Kitalya – lawyer Ssemakadde tells court

Lawyer patriarch Ssemakadde has asked the Court of attractiveness to instantly order the discharge of fellow professional person Male Mabirizi however conjointly to permit the appliance for keep execution of the tribunal orders for him to be confined eighteen months also as paying shs300 million in fine for contempt of court.

 

Mabirizi was sentenced to eighteen months imprisonment by Justice genus Musa Sssekaana and was yesterday inactive and sent to Kitalya to serve the sentence.

On Tuesday, the Court of attractiveness detected the appliance by Mabirizi for keep of execution of the eighteen months imprisonment and also the shs300 million fine obligatory on him unfinished the determination of the case difficult the 2 punishments.

Representing Mabirizi, professional person patriarch Ssemakadde aforesaid the state took the law in its hands by ignoring the appliance for keep of execution once it  caused the arrest of the arguable professional person and consequently sent him to Kitalya.

“Government ought to have upheld the rule of law by halting the social control of the warrant till this application for keep of execution is disposed of.  As a principle of rule of law, government need to have desisted from any action seen as preempting the ruling during this application,”Ssemakadde told court presided over by Justice Saint Christopher Mandrama.g

Ssemakadde told court that since there was Associate in Nursing application for keep of execution, the sole wise move was for state to halt any actions of the tribunal unfinished the choice of the Court of attractiveness on the matter.

He aforesaid that instead, government place all its efforts in searching for its national Mabirizi to confirm he’s inactive and brought to jail, a move he delineate as political maltreatment.

” He has been bereft of his civility.”

The professional person aforesaid that the penalization of eighteen months that Mabirizi was sent to Kitalya includes a minimum of 540 days which having served not but daily, it’s solely prudent that court orders for his unleash since the state would lose nothing by having him out having already been inactive and detained.

“ The order(for imprisonment) has not been once and for all dead and so he will be free.”

According to the professional person, it’s solely wise that Mabirizi is free  from jail unfinished the determination of his attractiveness difficult the eighteen months imprisonment however conjointly the shs300 million fine obligatory on him by Justice genus Musa Ssekaana.

Attorney General drags feet

In his reply, the lawyer General portrayed by prosecuting attorney Patricia Mutesi told court that there’s nothing for determination since Mabirizi has already been inactive and sent to jail.

“The establishment that he’s seeking to be stayed has already  been executed(by arrest and imprisonment). There can not be any interim order staying the execution of the arrest,”Mutesi aforesaid.

The lawyer General’s representative conjointly told court that Mabirizi’s application for Associate in Nursing interim order for keep of execution is with reference the shs300 million however not the imprisonment for eighteen months.

However, Mutesi was suggested  by the decide that Mabirizi later filed extra proof to challenge his arrest and imprisonment.

In response, she noted that the sole wise move for Mabirizi’s professional person isn’t to enkindle keep of execution since sentencing him to eighteen months imprisonment was a criminal and not civil matter however enkindle bail till the attractiveness is disposed of.

“The application is incompetent and misconceived as way as seeking a civil remedy in response to a criminal offence of contempt of court,”Mutesi told court.

She asked court to dismiss the appliance.

However, in response, professional person Ssemakadde aforesaid because the procedure would, the criminal method was null and void as there was no formal rap sheet for Mabirizi as is needed before a plea is taken and later sentenced to 18months imprisonment.

He asked the decide to grant the appliance for keep of execution and conjointly order for Mabirizi’s unleash.

Court of Appeal’s Justice Saint Christopher Mandrama set Friday, February twenty five because the date for delivering his ruling within the matter.