COURT | SSEGIRINYA | SSEWANYANA

KAMPALA - The International Crimes Division of the High Court has directed the Directorate of Public Prosecutions (DPP) to provide evidence against embattled legislators Muhammad Ssegirinya and Allan Ssewanyana to their lawyers. 

The pre-trial judge, Elizabeth Jane Alividza, made the directive on Tuesday (July 19, 2022) after defence lawyers led by Erias Lukwago told court that the DPP had not yet disclosed any single piece of evidence to them, to enable the accused to prepare their defence. 

“My lord, the accused were committed for trial in November last year, but up to now, the prosecution has not disclosed any single piece of evidence for them to prepare their defence. We, therefore, invite this court to make an order to that effect because we feel their right to a fair and speedy trial is being infringed on,” Lukwago said. 

The judge also directed the DPP to take the necessary steps to ensure an expeditious trial of the case. 

This was after the judge rejected a 30-day adjournment that had been sought by the DPP, saying the Court of Appeal directed the expeditious trial of the legislators and their co-accused. 

“I am mindful of a number of issues raised by both the prosecution and the defence lawyers, but it is the Court of Appeal that directed the Principal Judge to ensure that the trial is expedited. The state is, therefore, directed to take the necessary steps to ensure that the matter is heard expeditiously,” Alividza said. 

The two MPs, who represent Kawempe North and Makindye West respectively, with five others, have been indicted on several counts of murder, terrorism and attempted murder. 

The charges are in relation to last year’s spate of indiscriminate murders in Greater Masaka region that comprises districts such as Masaka, Lwengo, Bukomansimbi and Kalungu. 

Chief state attorneys Richard Birivumbuka and Joseph Kyomuhendo said they wanted the court to allow them a 30-day grace period to reach out to the witnesses to discuss the issue of their protection ahead of the trial. “My lord, witness protection is the cornerstone for criminal prosecution and it is a cardinal principle in criminal trials because, without witnesses, there cannot be a trial. We, therefore, request for a 30-day adjournment to interact with the witnesses and understand the nature of protection which is required,” Birivumbuka said. 

Budgetary constraints 

Birivumbuka said they were not able to carry out the exercise last month because of budgetary constraints as the financial year was coming to an end. However, the judge rejected their request. 

The matter resumes on July 28, while the pre-trial proceedings will be completed on August 18, according to the timeline issued by the court

The charges 

Prosecution alleges that between January and August 2021, the accused and others still at large, with intent to intimidate the public for political, religious or economic reasons, directly involved themselves in the murders and attempted murder of people in Masaka. 

In November last year, the MPs, together with Bulo Wamala, John Mugerwa, Jackson Kanyike and Mike Sserwadda, were committed to trial over the murder of Kizza Mugerwa, Sulaiman Kakooza and the attempted murder of Ronald Sebyoto. 

According to the indictment seen by New Vision, Sserwadda allegedly confessed to having participated in the murders and revealed that he was working with Wamala, Kanyike, Mugerwa and the two MPs to reclaim their presidential ‘victory’. 

It indicates that Sserwadda was allegedly recruited by Wamala and that the meetings in which they planned the murders were reportedly conducted in a bar located in Ndeeba, near Kabaka’s Lake in Rubaga division, Kampala. 

The meetings, which were said to have been graced by MPs Ssegirinya and Ssewanyana, were allegedly co-ordinated by Wamala and Diego Coach Bukenya, who is still at large. The indictment shows that the accused targeted Masaka region because it attracts a lot of media attention.