The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The pretrial conference for the murder of former Police Spokesperson, Andrew Felix Kaweesi in the International Crimes Division of High Court failed to kick off on Monday. Kaweesi was shot dead together with his body guard Kenneth Erau and driver Godfrey Mambewa on March 17th, 2017 in Kulambiro in Nakawa Division in Kampala District.
Eight people including Bruhan Balyejusa, Shafiq Kasujja, Yusuf Nyanzi, Jibril Kalyango, Joshua Kyambadde, Yusuf Mugerwa, Abdu Rashid Mbaziira and Aramathan Higenyi are jointly charged with the trio’s murder and aggravated robbery.
The pretrial conference failed to kick off before pretrial Judge Duncan Gaswagga after Lino Anguzu; the Assistant Director of Public Prosecutions informed court that they haven’t been able to disclose all the necessary evidence to the defense team due to a misunderstanding.
Anguzu said the accused persons and their lawyers couldn’t access key physical exhibits like the vehicle in which the trio was shot dead, motorcycles, guns and other weapons used to execute the murder on Saturday last week as planned.
He said that whereas they had agreed to go with a few people like the accused persons and their lawyers, the defense came with a team of 18 people including the media and as such, they were denied access to Naguru Police Headquarters where the exhibits are being kept.
Anguzu however, said they are in touch with police to see if the exhibits can be taken to a convenient place where the defense can inspect it properly. He also told court that their application to protect witnesses hasn’t been heard. As a result, Anguzu told the Judge that they are unable to proceed with the pretrial hearing due to the said issues.
The defense lawyers led by Anthony Wameli didn’t object to the state submission and instead prayed for orders to enable them access the exhibits. However, Justice Gaswagga, who kept saying that he is very disappointed by the failure of the pretrial to kick off, declined to issue the orders, saying he never wanted to issue orders that will not be complied with.
He instead gave the State one day to harmonize with the police and see if all the accused persons can access and inspect the exhibits to enable them prepare their defense properly. Earlier on, one of the Defense Lawyers Ladislaus Rwakafuuzi complained to court that there was another group of people being tried with the murder of Kaweesi in the General Court Martial.
However, in his response Anguzu said he wasn’t aware of such. Rwakafuuzi, who was making his first court appearance since he suffered a stroke demanded to know where the advert of a picture of someone that was being hunted by police in connection to Kaweesi murder went. He said police asked members of the public to report if they see the suspect and wondered who that person could be among his clients.
Similarly, the accused persons also demanded that their trial commences soon because they are financially constrained since they spent about two years in jail prior to their release. Joshua Kyambadde, one of the accused persons also told court that he is being coerced by state operatives to sign documents so that he can be acquitted and becomes a state witness. He told court that prior to their last court appearance plain clothed operatives visited his home and demanded that he signs the document or else they kill him.
According to Kyambadde, the operatives promised to advance him some money on behalf of government if he can accept their request. He asked court to take notice of the threats, saying that he is comfortable being called an accused person since he knows there is no evidence connecting to the accusations.
The case returns to court on August 19 2020.
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