Lawyers lock horns with State Distressed National Unity Platform (NUP) MPs – Muhammed Ssegirinya (Kawempe North) and Allan Ssewanyana (Makindye West) on Monday appeared in court for a pre- trial hearing. Clad in a checked coat and grey suit respectively, the MPs were produced before the International Crimes Division (ICD) court, presided over by Justice […]
Lawyers lock horns with State
Distressed National Unity Platform (NUP) MPs – Muhammed Ssegirinya (Kawempe North) and Allan Ssewanyana (Makindye West) on Monday appeared in court for a pre- trial hearing.
Clad in a checked coat and grey suit respectively, the MPs were produced before the International Crimes Division (ICD) court, presided over by Justice Alice Komuhangi.
Their lawyers Erias Lukwago, Shamim Malende and Caleb Alaka requested court to disclose 15 witnesses under a State protection program and avail their statements before trial begins because “concealing matters tantamount to miscarriage of justice.”
A few weeks ago, State prosecutors led by Joseph Kyomuhendo and Richard Birivumbuka filed an exparte application for non-disclosure of the identities of 15 witnesses they intend to rely on to prosecute the accused persons of crimes against them.
In a sworn affidavit, the Assistant Director of Public Prosecutions Thomas Jatiko explained that the witnesses have allegedly been threatened and intimidated due to their perceived association with the investigation and prosecution of the case.
Justice Komuhangi agreed with the prosecution.
Lawyers lock horns with State
“It would therefore mean that the court has miserably failed in its duty to ensure that the safety and well-being of the witnesses are not compromised. The application before me is to determine whether the prosecution should disclose at this stage of the pre-trial and how the disclosure should be effected and cannot therefore, be inter parties,” said Komuhangi.
In Court today, defense lawyers led by Erias Lukwago prayed that two files be referred to the Constitutional Court to nullify the witness protection order because it contradicts Article 28 of the Constitution.
Article 28 provides for any person with a criminal offence to be given adequate time and facilities to defend himself.
However state asked for a forty minutes recess to respond to the prayer of constitutional reference, saying that it has been brought in bad faith. Birivumbuka stated to court that nullifying the witness protection program will scare them off and create criminality.
The defence lawyers also filed another application objecting to parallel trials at two separate high courts on grounds that the charges stem from murders in the same region.
The charges were slapped on the group following machete killings between March and June 2021 in the Greater Masaka Region.
As a result, the Masaka file containing terrorism charges was separated from the Lwengo file of murder, and all the seven suspects in the terrorism case were committed to the International Crimes Division to face trial.
But the Lwengo file where the MPs are charged with Wilson Ssenyonga was instead committed to the Masaka High Court for trial where it is still pending.
On October 03, 2022, Justice Alice Kyomuhangi threw out the application on grounds that her court has no jurisdiction and that justice can still prevail if cases are tried in two different courts. She further stated that consolidation of criminal cases doesn’t exist in the procedure of criminal matters and the laws in Uganda, except for civil matters.
Compiled by Rashidah Nakaayi
