The High court sitting in Kampala hasll ordered the Chieftaincy of Military Intelligence (CMI) and Uganda Police Force to unconditionally release, Simon Peter Odongo, an IT contractor with Internal Security Organization (ISO).
Odongo, who is treating life threatening gun wounds at military hospital in Bombo, Luwero district is being held against the orders of court.
Justice Michel Elubu in his ruling noted that CMI Chief Gen. Abel Kandiho and IGP Martins Okoth Ochola are in contempt of court order dated June 2, 2020 that had ordered them to grant Odongo his freedom so as to access his lawyers and personal doctors.
According to court, the two security chiefs are also in contempt of court order of June 26, 2020 to Odongo before a competent court within 48 hours.
Court also ruled that the respondents have infringed on Odongo’s fundamental right to liberty for such a time, amount to gross miscarriage of justice.
“The General court martial proceedings were instituted against Odongo Simon Peter outside the 48 hours period directed by court and are tainted by infringement of his fundamental rights,” Justice Elubu ruled.
The judge also ruled that Odongo is detained unreasonably and illegally and as such, there are no justifiable reasons for his continued detention.
To this Justice Elubu ordered for an immediate yet an unconditional release of Odongo.
The respondents have been ordered to pay all the costs of the application.
However, Odongo’s relatives say when the military intelligence officials were served with the court orders, they were told that they don’t have the said Odongo yet he has been admitted at the military hospital in Bombo where his family visits him.
CMI officials also told off the family to petition President Yoweri Museveni to come to Odongo’s rescue, if they so wish.
It is indicated that Odongo’s left leg which was shot at, is now rotting.
“They just want him to die and nothing else because they are stuck with him; they have never charged him because they don’t have what to charge him with.All they want is to force him to sign documents such that they take it to President Museveni as evidence to pin his employer. There is a man called Nassim who has been sweet-talking Simon and persuading him to sign some documents, deceiving him that his employer dumped him and nolonger care about him but this is all aimed at breaking his spirit in order to tell lies about his bosses,” a family source said.
The family says it has been frustrated adding that Nicholas Opiyo, a human rights lawyer of Chapter 4, whom they approached, was intimidated and told that Odongo can only be released after signing some document which will be taken to the President.
An authoritative source at ISO says they have never received any communication from their Mbuya counterparts on issues related to Odongo, including the ‘crime’ he committed.
“We have never received any communication from them about Odongo’s situation and what crime he committed because he has never been charged in any courts,” the source said.
It is reported that a senior security officer is interfering with the court process not to release Odongo from his death bed.
Odongo was arrested this year from his home by a combined force of police detectives and officers from CMI, all attached to the Special Investigations Division (SID) base in Kireka.
According to his family, when arresting officers raided his home in the morning at 8:00 am, Odongo never put up resistance.
One of the officers came with an AK 47 riffle which he put behind a fridge. His wife reportedly tried to ask them why they were putting the gun behind the fridge yet the husband had handed over the two guns which were legally assigned to him by the security agency he was working for.
She alleges, one of the officers who identified himself as an operative from CMI pulled out a pistol and shot Odongo on the leg so as to disable him.“It was very heartbreaking because Simon’s children were seeing the shooting of their dad, they cried, they asked him why he shot their dad who even at the time was sick, but the officer was arrogant and boastful,” the family intimates.
The family maintains that the officer who shot Odongo is D/ASP Benon Ayebare, a detective attached to SIU, Kireka.