The Director of Public prosecution (DPP) Mike Chibita has asked Buganda Road Court grade one magistrate Mary Kaitesi Lukwago to close the case file where UPC Party president and fourteen others are charged with trespassing at Uganda House.
This request was backed by a letter brought to court by State prosecutor Emilly Ninsiima from the office of the DPP informing the judge that the Directorate had lost interest and withdrawn from this case.
The request however was opposed by counsels Mulema Mukasa and David Sempala, buy information pills what is ed http://clasharama.com/wp-includes/class.wp-dependencies.php the private prosecutors who have been handling this matter together with the DPP’s office. These asked the magistrate not to close this case file because the DPP never followed the legal requirements in the process.
“We would like to seek for court’s indulgence in this matter because for us we are ready to proceed with the hearing. We have six witnesses in court who have already recorded their statements at Police which we have already copied to this court and the office of the DPP” Mulema submitted.
Mulema added that the DPP before withdrawing from this case never consulted them as is required by the constitution.
“Although the DPP has the powers to discontinue the hearing of any case before judgment, look it only applies to the cases he has started; but for the cases which were started by private prosecutors he has to seek their decision first which he has not done in this case.”
David Sempala the other private prosecutor argued that being that the accused were not in court at the point when the DPP withdrew from the case yet a warrant of arrest was issued against them, this would encourage perpetuation and contempt of court among the members of the society.
State prosecution however argued that since the DPP took over the matter after filing in an application, he reserved full powers to withdraw this case.
The magistrate has set January 15, 2016 to pronounce her ruling on this matter and extended the warrant of arrest for the fifteen accused to the same date.
The accused persons are Hon Jimmy Akena, Hon Maxwell Akora , Hon Fred Ebil, Hon Betty Amongi, Higenyi Kemba, Richard Angweri, Patrick Mwondha, Night Kulabako, Gideon Akomu, Ms Kallen Mugizi, Brenda Atim, Fahad Kilyiri , Patrick Aroma, Josephine Babirye and others still at large.
These are said to have forcefully entered the property of M/s Milton Obote Foundation
and occupied a sixth floor of Uganda House thus disrupting business there.