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Kampala, Uganda | THE INDEPENDENT | The Chief Magistrate’s Court of Buganda Road has today found the Director of Public Prosecutions’ (DPP) application for the extradition of Rtd Lt Michael Katungi Mpeirwe to the United States of America satisfied all the legal requirements.
Chief Magistrate Ritah Kidasa Neumbe ruled that under the Extradition Act, Cap. 124 Katungi can be extradited to face charges related to terrorism and drug trafficking. She has sent him to prison pending his extradition to the United States of America.
The ruling follows an extradition request by the Government of the United States of America seeking the surrender of Rtd Lt Katungi to stand trial before the United States District Court for the Eastern District of Virginia.
He faces three charges:
1. Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine;
2. Conspiracy to possess firearms, including a machine gun and destructive device, in furtherance of a drug-trafficking crime; and
3. Conspiracy to provide material support to a designated foreign terrorist organisation, identified as the Cartel de Jalisco Nueva Generación.
The DPP represented the Republic of Uganda as the applicant in the proceedings. Adrine Asingwire, Chief State Attorney in the Office of the Director of Public Prosecutions, argued the application.
The Court considered and dismissed all the preliminary objections raised by the respondent Katungi. These included challenges to the procedure used to initiate the proceedings; the authority of the Minister of Justice and Constitutional Affairs and the Solicitor General to process the extradition request; a claim of diplomatic immunity; and the argument that the Director of Public Prosecutions lacks legal standing to conduct extradition proceedings.
On the issue of diplomatic immunity, the Court held that such immunity applies only in the receiving State where a diplomat is accredited and does not extend to proceedings in Uganda or in third States.
The Court further affirmed that the Director of Public Prosecutions has the constitutional mandate under Article 120 of the Constitution to institute and conduct proceedings of this nature on behalf of the State.
The Court also noted that an affidavit previously filed in support of the application by Michael D. Stanton had been expunged from the record after the deponent failed to appear for cross-examination.
However, the remaining evidence, including the affidavit of D/SSP Kule Yona and duly authenticated documents from the United States authorities, was found sufficient to meet the legal threshold for committal under the Extradition Act.
