High Court Judge On Sejusa’s Trial: Court Martial Can Wait

It’s now over a month that former spy chief, Gen David Sejusa has been behind bars at Luzira prison over charges he is facing in the Makindye General Court Martial but he could regain his freedom soon following the ruling of the High Court.

General David Sejusa at Court Martial

General David Sejusa at Court Martial

High Court judge, Justice Margaret Ouma Oguli Monday suspended the trial of General David Sejusa at Court Martial until the main application in the High Court is disposed off.

 

“I thereby order the trial where the applicant is facing five counts before the General court martial to be halted until the main application number 176 of 2016 before this court is fully resolved.”

 

Sejusa is facing five charges related to insubordination and being absent without leave; until the main application before the high court is disposed off.

 

Sejusa had earlier through his lawyers of Mushabe and Munungu and Company Advocates applied in the High Court, requesting it to stay the proceedings before the army court until his application before it is disposed off.

 

In his application before the High court, Sejusa maintains that he was constructively discharged from the army.

 

Sejusa argues that; he has been denied his salary and other benefits, his army uniforms and guns were withdrawn, refusal to deploy him among other gestures all indicated that he was constructively discharged from the Uganda People’s Defense Forces (UPDF).

 

Though she has no powers to order for his release as he had requested, the judge in her ruling advised Sejusa to re-apply for bail in the Criminal Division, since the Court Martial had denied him bail even after proving it that he was above 50 years, which is recognised as advanced age under the constitution of the Republic of Uganda.

 

Meanwhile, Justice Margret clarified that she hadn’t ordered for an end of the case before the Court Martial but was rather suspending it until the right time – when the main application before the High Court is determined.

 

In the main application before the High Court, Sejusa seeks Court to determine whether he is still a serving army officer or not.