UGANDA: Why the Finnish national killer suspects are not before the military court.

CHANGE OF GUARDS - On 24/2/2018 a Finish national, Toumas Paterri was found dead in one of the rooms of Aya Hotel in Kampala. He had been lured into the country by scammers who paused as top national defence and security officials. The victim was an agent of a top Finish Ministry of Defence contractor, Patria. This followed a series of communication between the victim and the said scammers. Upon arrival at Entebbe airport, he presented a purported invitation letter allegedly from the Internal Security Chief, Col. Kaka Bagyenda. The alleged fraudsters were at hand to receive him at the airport but melted away upon sensing that the airport security had smelt a rat.

Upon suspicion of foul play, ISO swung into action by arresting the victim and taking him to Kampala for further management. Instead, amid heavy security, ISO escorted and left Toumas at Ayaa Hotel where he had earlier been booked. It is at the hotel that the alleged fraudsters got the opportunity to allegedly "neutralize" their victim. Post-mortem report ruled out murder but five people have been charged before a Magistrate’s Court for among other charges manslaughter. Among the five accused persons is an ISO officer, Apollo Byabagye who is alleged to have been the one who originated the said fake invitation letter.

Maj. Joel Agaba, the Director of Operations in ISO who was assigned to intervene right from the airport to the hotel in Kampala was left off the hook. As a senior security officer with decades of experience in VIP protection, Maj. Joel Agaba ought not only to have treated the victim as a suspect but also to have foreseen that the victim could be harmed by the suspected fraudsters who at the time were still at large. Instead, Maj. Agaba left Toumas a free man without security guards thus prone to be harmed by the accused persons. The charge of manslaughter ought to have also extended to Maj. Joel Agaba owing to his negligence by not providing security to the victim.

In September 2016, a similar incident where army officers defrauded a Polish arms company of money was registered. The fraudsters went to the extent of inviting their victim into the country and hosting him at the army headquarters boardroom where fake contracts were entered into. A one Capt. Muhoozi who happened to be an Aide to Gen. Saleh (Museveni's brother) was implicated. Gen. Leo Kyanda was also rumoured to have been the one who facilitated entry into the tightly guarded army headquarters was also implicated. The army arrested Capt. Muhoozi and other suspects but the matter was swept under the carpet. There is a possibility that the said arms transactions were meant for South Sudan which is under an arms embargo. Lack of deterrent measures in the form of criminal proceedings in the Polish arms saga in particular is partly responsible for the current incident that involved the Finish victim.

The Museveni regime is renown for dragging civilians to military courts where the alleged crime is linked to state security or involves soldiers as accomplices. There is no doubt the said ISO officer, Apollo Byabagye is a soldier who should have been subjected to military courts. The nature of the alleged offence arose from a serious security breach - impersonating the DG/ISO to engage a foreign security hardware and technology dealer. By opting to take the matter involving a soldier who is not only in active service but the principal offender before a civilian court, the regime is scheming to undermine criminal justice. This is between Kitata, Agasiirwe, and Apollo Byabagye, who is more qualified for appearing before the military court?

As is always the case, in case the matter comes up for trial, security services will not render effective cooperation and the case will collapse. This is what happened when two senior army officers, Bright Rwamirama and Arthur Musinguzi who had been Chief Controller of Finance and Director of Finance respectively stole money from the army but were charged before the Magistrates' Court. Also, if the instant case had been taken before the Court Martial, it would raise questions as to the fate of the previous one involving the Polish victim.

INFORMATION IS POWER AND THE PROBLEM OF UGANDA IS MUSEVENISM.