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Kampala, Uganda | THE INDEPENDENT | The lawyer of three Kaweesi murder suspects accused of unlawful production of national identity cards has asked Nabweru Magistrate’s Court to drop the charges against his clients. The suspects are Higenyi Noordin Aramathan, a money changer, Bruhan Balyejusa alias Masiga, a Boda boda rider and Shafiq Kasujja a graphics designer.
Their lawyer, Anthony Wameli told the Nabweru Grade one Magistrate, George Mfitundinda this morning that his court lacks territorial jurisdictions to try the matter. He explained that prosecution alleges that his clients committed the said crimes in Mpondwe Boarder town in Kasese District and Nasser Road in Kampala, arguing that they cannot be tried in Nabweru.
He explained that under the Magistrates Court Act, Nabweru Court is strictly supposed to try cases from Kawempe and Nabweru Divisions. Wameli argued that trying the accused persons in Nabweru is tantamount to abuse of court process by the Directorate of Public Prosecution.
He also noted that the charges before Nabweru court are a sub-set of the alleged facts before the International Crimes Division of High Court- ICD where the trio is battling terrorism and murder related charges in connection to the assassination of former Police Spokesperson, Andrew Felix Kaweesi.
Wameli relied on a voluminous indictment by the DPP, saying during the trial at ICD, he will adduce evidence to show how the suspects were found with the said National Identity cards during their arrest at Mpondwe Boarder post. He objected to the trial on several grounds including that the High Court of Uganda is a court of record and it takes precedence over issues in Magistrate’s Court.
Wameli also tendered in the Judgment of High Court Judge, Margaret Oumo Oguli who confirmed that the suspects were tortured and awarded them Shillings 80 million each. Wameli said the government owes the suspects money for torture and thus can’t be tried in the Magistrate’s Court.
The State Prosecutor, Hope Mutoni asked for more time to reply to the issues raised by the defense. The magistrate adjourned the matter until October, 2nd, 2019. Prior to the objection by the defense, prosecution had adduced two witnesses but hadn’t yet introduced them.
The prosecution alleges that while at Nasser Road in March, 2017, Shafiq Kasujja unlawfully designed and printed a National Identity card in the names of Andrew Kwesiga, which was later found with Higenyi Noordin Aramathan.
The state further contends that Bruhan Balyejusa alias Masiga in the same time was found in unlawful possession of four National Identity cards belonging to two of his co accused. The others were in the names of John Bwambale and Richard Toddy.
According to the Registration of Person’s Act 2015, once found guilty the suspects face a maximum of seven years or find of 160 current points, which is Shillings 3.2 million or both.
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