The trial magistrate in a matter where four Makerere University students are accused inciting violence at Buganda Road court, when they protested for the release of Dr Stella Nyanzi has ordered the Prosecution to amend the charge sheet.
Buganda Road Court’s grade one magistrate Gladys Kamasanyu today concurred with Defense counsel Isaac Ssemakadde, who argued that his clients were being tried on a defective charge sheet that lacked details for the case of inciting violence as stated under Sec 83 Paragraph 3 of the Penal Code Act
The magistrate pointed out that section 85 of the Magistrates Court Act (MCA) provides that every charge sheet must contain all details required, like the nature of the charge, reasonable information and it’s also mandatory to mention the place, people who were incited, time with other details which were not revealed by the state in the current charge sheet
She also cited “Section 132 of MCA where at any stage of the trial where the charge sheet appears defective in details, court can order for an amendment of the charge sheet.
“Since the hearing of the matter had not yet started and the suspects have enough time to prepare their defense I order the prosecution to amend the charge sheet as soon as possible,” ruled the magistrate.
Although the defense counsel had asked for dismissal of the matter, the magistrate based on the powers granted to her by the constitution to order the state Prosecutor Patricia Kintho to serve defense counsel Isaac Ssemakadde with the amended charge sheet not later than 3rd July to enable him prepare for the hearing date of 6th July 2017.
Prosecution contends that the four students Kahigi Edmund, Roy Rugumayo, Hanington Mugarura and Stephen Ariho, all Makerere university students and others still at large, on 10th May at Buganda Road court incited the public by carrying posts and statements requiring the Government to release Dr. Stellah Nyanzi who is on charges of cyber harassment.