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‘Butcher of Bosnia’ Mladic unfit for genocide appeal: Lawyers | Bosnia News

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Lawyers for Bosnian Serb military chief Ratko Mladic have told a UN court he is at risk of a “miscarriage of justice” because he is mentally unfit to take part in an appeal hearing against his genocide conviction.

Dubbed the “Butcher of Bosnia”, the 78-year-old Mladic has challenged his 2017 conviction and life sentence for genocide, crimes against humanity and war crimes in the civil war in the former Yugoslavia, including the 1995 Srebrenica massacre.

But Mladic’s lawyers said they were taking part under protest as the two-day hearing got under way in The Hague, after judges earlier this week rejected a bid to postpone it pending a fresh medical assessment.

A frail-looking Mladic appeared in court wearing a mask because of coronavirus regulations, which he later removed.

Wearing a suit with his red tie askew, he initially said he could not follow the hearing through headphones.

“This hearing today is inappropriate and threatens … a miscarriage of justice,” defence lawyer Dragan Ivetic told the court.

“I am unable to meaningfully gain instruction from Mr Mladic, or be assured that he is able to meaningfully follow proceedings.”

The hearing has already been delayed several times since March after Mladic needed an operation to remove a benign polyp on his colon, and then because of the pandemic.

Srebrenica

Mladic was captured in 2011 after years on the run and sentenced to life behind bars three years ago for his role in the 1992-1995 war in Bosnia.

This included genocide committed by his forces in the small eastern Bosnian town of Srebrenica, Europe’s worst bloodshed since World War II, where about 8,000 Muslim men and boys were slaughtered.

About 100,000 people were killed and 2.2 million others displaced in the Bosnian war, which erupted as communal rivalries tore Yugoslavia apart after the fall of communism.

Mladic, who has been serving his sentence at a detention centre in the seaside suburb of Scheveningen, has appealed against both the conviction and sentence. The prosecution has appealed against his acquittal on wider genocide charges.

Ivetic said the original judgement was “replete with errors”, including linking Mladic to crimes committed in 1991 before he was in the chain of command.

The trial judges erred by admitting some actions allegedly carried out by Mladic’s subordinates, said Peta-Louise Baggott, another defence lawyer.

The case is being heard at the UN’s International Residual Mechanism for Criminal Tribunals in The Hague, which deals with cases left over from now-defunct tribunals for the former Yugoslavia and Rwanda. 

Mladic will himself be allowed to speak for 10 minutes on Wednesday. He had to be dragged out of the court in 2017 after an outburst in which he accused the judges of lying.



Source – www.aljazeera.com

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Another blow as Judge throws out Kiggundu’s lawyer Muwema

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When court sat on Friday to hear the Kiggundu’s application to stop independent audit, he did not have a written application, and Justice Henry Adonyo instead ordered the plaintiff’s lawyer Fred Muwema to go make a written application seeking court to dismiss the audit and return to court on September 30 for a hearing of the application. But this adds more pressure on Kiggundu who is choking with the loans.

On 31 August, the judge ordered the Institute of Certified Public Accountants of Uganda (ICPAU) to carry out and independent audit into the accounts of the businessman and financial statements exchanged between the two parties, and present a report to court.

When asked by journalists why he has filed for an application seeking dismissal of the audit, Fred Muwema had this to say. “We are saying that let the validity and legality of those credit facilities (loans) be decided first before you can audit” He said.

The ruling on the application of the main suit to determine whether the businessman owes loan arrears to the bank is set for 5th October 2020, after which a date for hearing of the case will be set.

Background

Hamis Kiggundu through his companies Ham enterprises and Kiggs International (U) ltd sued DTB branches in Kenya and Uganda for deducting money from his accounts something which the bank contends and said they only acted as per the loan agreement of deducting 30% from Kiggundu’s accounts to recover the credit facilities rendered to him between February 2011 and September 2016

But Court documents filed by the bank in their defense shows that Kiggundu, between February 2011 and September 2016, was granted various credit facilities by the said DTB Banks.

First, via Ham Enterprises Limited, Kiggundu obtained a loan of $6,663,453 and another Sh2.5bn from the DTB (U) to finance his projects in the real estate business.

Later, according to New Vision, he got a facility worth $4.5m through Kiggs International (U) Limited from DTB (K) and mortgaged his properties, which include Plot 328 located at Kawuku on Block 248 Kyadondo, three plots that include 36, 37 and 38 on Folio 1533 Victoria Crescent II situated in Kyadondo and land on Makerere Hill Road on LRV 3716 Folio 10 Plot 923 Block 9.

Documents show that as of January 21, 2020, Kiggundu was in default on payment obligations of $6.298m on the loan facility of $6.663m, as well as sh2.885b on the demand overdraft facility of sh1.5b and the temporary demand overdraft facility of sh1b.

The banks say that Kiggundu was in default on the payment of another $3.662m out of a total loan facility of $4m and another $458,604 on a loan facility of $500,000, as of January 21, 2020.

The DTB consequently served him with a demand notice to either pay up or lose the assets that he submitted as collateral security. The bank threatened to attach a plot on Makerere Hill Road and other prime commercial properties.

Analysts says that Kiggundu’s lawyer is playing delaying tactics aimed at stopping the independent audit as ordered by the court earlier. Kiggundu had wanted court to believe his own audit of loan transactions, but that would amount to injustice to the banks that gave him money-DTB Uganda and DTB Kenya.

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Minister Rukutana charged with attempted murder, remanded

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The state minister for Labour, Gender and Economic Development Mwesigwa Rukutana has been remanded to Kyamugorani prison in Mbarara district.

Rukutana appeared before Ntungamo Grade One magistrate Nazifah Namayanja this afternoon from where he was charged with seven offences related to attempted murder, assault, malicious damage, and threatening violence.

Rukutana was captured in a video that went viral on social media showing him grabbing a gun from one of his bodyguards and started shooting at a vehicle belonging to supporters of his political rival Naome Kabasharira. At the time of the incident, Rukutana had just lost the Rushenyi country NRM flag to Kabasharira.

The prosecution alleges that on September 5, 2020, at Kagugu village in Ntungamo district, Rukutana and others still at large assaulted Julius Niwamanya and threatened to kill or injure him together with three others. The others are Stuart Kamukama, Dan Rwibirungi, and Moses Kamukama. 

It is also alleged that Rukutana also willfully and unlawfully damaged a motor vehicle registration number UAR 840X Toyota Rav 4 type which belongs to Moses Muhumuza.

According to the Judiciary public relations officer, Jameson Karemani, Rukutana has not taken a plea of these charges against him since they can only be tried by the chief magistrate who was not in court today.

As a result, the magistrate decided to send him to Kyamugorani, awaiting his return to court on Tuesday.      





Source – observer.ug

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Lira district headquarters closed over COVID-19

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Lira district headquarters have been closed after one staff tested positive for COVID-19 last week. 

On Monday morning, district staff were blocked at the gate with only the deputy chief administrative officer, his secretary and the receptionist allowed access to their offices. 

Paul Samuel Mbiiwa, the deputy chief administrative officer says that only heads of department will be allowed at the headquarters while the rest will work from home. He adds that the restriction will help to curb the spread of the virus.

“You see corona is not a joke. We have taken a step at fighting it and that is why you are seeing the staff outside. Even in my office here I do not want people to come if there is anything we can discuss on the phone.”

Francis Okello Olwa, a senior community development officer who doubles as the district spokesperson says that the entire district offices will be fumigated and closed for two days.

Health authorities in the district are planning to take samples from all the staff because they could have interacted with the one who tested positive. Currently, there are 19 COVID-19 patients under treatment at Lira regional referral hospital.     

On Sunday four health workers at the hospital tested positive for COVID-19. Dr Patrick Odongo, a senior medical officer at the hospital also succumbed to the virus.  





Source – observer.ug

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