Prosecutors tasked to explain suspect wrongfully charged with jailed MPs

Kampala, Uganda | THE INDEPENDENT | The International Crimes Division of the High Court has ordered prosecutors to explain the circumstances under which Jude Muwonge, one of the suspects jointly charged with MPs Allan Sewanyana and Mohammed Segirinya ended up on the same file.

Muwonge appeared on the same charge sheet with the two legislators and four others facing trial for a string of charges including murder, attempted murder, aiding and abetting terrorism stemming from their alleged involvement in killings in the districts of Lwengo and Masaka between March and June 2021.

The other suspects on the same charge sheet are Jackson Kanyike, John Mugerwa, Bull Wamala, and Mike Sserwadda. Although the court has all documents indicating that they were committed to the High Court on November 21, 2021 for trial, records show that there are no documents for Muwonge’s committal.

Today, lawyers representing the accused persons asked the court to discharge Muwonge on the basis that he is in the High Court illegally. Led by Geoffrey Turyamusiima, the lawyers informed the presiding judge Alice Komuhangi Khauka, that the matter remained pending in the previous session which was presided over by Justice Jane Elizabeth Alidviza.

The court also heard that it was wrong and an infringement on human rights, to keep Muwonge on trial in the absence of documents showing that he is supposed to be in the High Court. He added that the charge sheet should have six and not seven suspects as is the case.

State Attorneys Joseph Kyomuhendo and Richard Birivumbuka conceded to Turyamusiima’s submissions that Muwonge has never been committed to the High Court adding that his appearance was erroneous. Birivumbuka however asked the court to send him back to Masaka Chief Magistrates Court such that proper action and due process are taken.

Justice Komuhangi instead asked Muwonge to explain the circumstances under which he reached the High Court. Muwonge told the court that he was arraigned before Masaka Magistrates Court on  September 1, 2021, and charged with the murder of John Francis Mugerwa. Thereafter, he was taken to Kitalya prison where he stayed for seven months.

He added that after seven months, he was taken to Masaka prison and later to Luzira prison where he stayed until he was told by the prison officers to prepare for an appearance before the High Court. Muwonge added that he had never appeared before the court with any of the other coaccused persons apart from Sserwadda.

But Assistant Superintendent of Prisons Cadet Simon Peter Siima told the same court that Muwonge was transferred to Luzira Upper Prison and was brought to the court based on a production warrant issued by the International Crimes Division of the High Court.

Justice  Komuhangi ruled that based on Muwonge’s confirmation of a trial initiated by the court in Masaka, there is an error which must be corrected by the prosecutors. She gave them one last chance to explain why Muwonge is in court and to avail court with necessary proof documents.

The accused persons have been remanded until October 10, 2022.

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