The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The prosecution have defended Nabweru Magistrates Court’s jurisdiction to try cases of forgery against three suspects in the murder of former Police Spokesperson Andrew Felix Kaweesi.
The suspects are Bruhan Balyejusa, Shafiq Kasujja and Noordin Higenyi.
Last week, the defence lawyers led by Anthony Wameli had asked court to dismiss the charges of unlawful production and keeping of National Identification Cards arguing that Nabweru court does not have the territorial jurisdictions over the matter.
Wameli said the offences against the two of the accused persons, Higenyi and Kasujja, were allegedly committed at Mpondwe border post in Kasese district and Nasser road Kampala respectively which are not under Nabweru Court.
However, Prosecution led by Mutoni told court presided by Grade One Magistrate George Mfitundinda that Balyejusa committed the offence from Nabweru jurisdictions from where he was arrested.
In regards to his co-accused, the Prosecution states that they are being charged at Nabweru because they were involved in the same transaction. That is to say, Higenyi was arrested with the product produced by Kasujja and later found with Balyejusa.
Prosecution also adds that the Directorate of Public Prosecution-DPP never abused court process by instituting forgery charges on the accused. This is because the defence lawyer Wameli had told court that the charges of forgery are a subset of the offences filed against the trio in the International Criminal Division of High Court.
The State contends that the elements of the offences are totally different since the Magistrates court is supposed to determine whether the National Identification cards found with the accused persons were genuine or not.
” Your Worship, the ingredients which form this particular case are absolutely different from those at the High Court given the fact that the charges are under the Registrations and Persons Act, 2015″, said Mutoni.
At the ICD, the group faces charges of Murder, Terrorism, aggravated Robbery and belonging to a terrorist organization.
The state also asked court to maintain the charges arguing that the evidence produced by the accused persons confirming torture cannot bar criminal proceedings from going on.
She explained that whereas the accused tendered in a judgement by Lady Justice Margaret Oumo Oguli showing that they were tortured and thus be compensated with 80 million shillings that was a civil matter.
Wameli told court to dismiss the charges arguing that the Prosecution’s submissions are based on misinterpretation of the law.
Mfitundinda has now set October, 16th 2019 to decide whether to dismiss the charges or continue with the trial.
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