Buganda Road court grade one magistrate Gladys Kamasanyu today dismissed charges against the four Makerere University students who were accused of inciting violence when they protested at Buganda Road court in May demanding the release of Academician Dr Stella Nyanzi.
Defense led by Counsel Isaac Ssemakadde today called for dismissal of this case after State failed to come up with a well composed amended Charge sheet.
Last month, the Magistrate had ordered the Prosecution to amend the charge sheet which was found to lack essential features as stated in the law, but up to Wednesday no changes gas been made.
The magistrate as a result ruled that continuing to hold the suspect after State Failed to charge them would occasion injustice, and thus released them.
Among the errors which were cited in the charge sheet was that it didn’t contain the ingredients required for the charge of inciting violence like who the students were inciting.
Section 132 of Magistrates Court Act states that when a charge sheet appears defective and may result into miscarriage of justice, court can order for its amendment.
The defence counsel Semakadde welcomed this ruling and revealed that he has already received instructions from his clients to file a civil suit seeking for damages from the state for malicious prosecution
“My clients suffered a lot when they were remanded in prison during their end of semester examination period which led them to lose concentration,” semakadde added
The four Makerere University students namely Kahigi Edmund, Roy Rugumayo, Hanington Mugarura and Stephen Ariho were arrested on 10th May 2017 on allegations that on the same date at Buganda Road court incited the public by carrying posts and statements requiring the
Government to release Dr. Stella Nyanzi who is on charges of cyber harassment.