DPP Chibita cleared of contempt of court charges

The Constitutional Court on Wednesday dismissed with costs a petition filed against the Director of Public Prosecutions (DPP) by nine people being tried in the case of the slain Muslic clerics before the International Crimes Division Court.

The nine led by Amir Ummar Shiekh Mohammed Yunus Kamoga had sought  contempt of  court charges  against the DPP Mike Chibita for refusing to disclose  his  intended evidence against them  within two months as the International Crimes Court ordered in March 2015.

Five justices of the Constitutional Court led by the Deputy Chief Justice Steven Kavuma unanimously ruled that the accused persons’ petition lacked merit as it raised  no  grounds for Constitutional interpretation.

The judges ruled that there is no way they could interfere with  matters regarding  evidence  since the DPP does not work under control or direction of any person.

The judges said the petitioners would  have explored other means like petitioning the trial court to enforce its order or they could petition the  High Court -Civil division to enforce their right to disclosure.

However the judges noted that even though the DPP later on complied with the court order and availed the evidence, the accused are still at liberty to seek remedies from a competent court if they feel their right to have this evidence on time was  violated.

The nine petitioners are part of 14 others who are on trial for the murder of Muslim Clerics, Sheikhs Mustafa Bahiga and Hassan Ibrahim Kirya in December 2014 and June 2015 respectively.

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editor@independent.co.ug