People accused of murdering former Police spokesperson AIGP Andrew Felix have asked Nakawa grade one magistrate Noah Sajjabi to dismiss the charges against them, blaming the prosecution of failure to commence with their trial in a period of almost a year
The request followed State Prosecutor Joyce Anyango’s submissions in this delayed case, informing court that investigations in this matter are still ongoing, and that court should grant them another adjournment.
Defense lawyers challenged this request and asked court to throw out the case.
Counsel Hussein Hilal pointed out that Article 28 of the constitution gives everyone a right to a speedy and fair trial, and that the fact that the accused have not been tried for nearly a year after being arrested tortured and humiliated was unacceptable.
Hilal added that the prosecution is at liberty to reinstate the charges in case it comes up with clear evidence pinning the accused on the matter after it is dismissed.
Counsel Wameli further asked the magistrate to dismiss the Terrorism charges against the accused persons because Section 7 (1),9 (2) of the Anti-Terrorism Act 2002 in which they were charged for causing death of AIGP Kaweesi is part of charges with mandatory death sentence, which was declared unconstitutional by the Supreme Court in 2003.
“Although this court has no jurisdiction to hear this matter, the constitution gives the trial magistrate mandate to dismiss unconstitutional charges before him,” he said.
The matter was adjourned to 17th April for a reply from the state and ruling on the same ask.