City lawyer Hassan Male Mabirizi who is accusing Kyadondo East Legislator Hon Kyagulanyi Sentamu aka Bobi Wine telling lies about his age faced off with the State Prosecution at Buganda Rd court and insisted that he cannot let state take over his case.
Last week, Janat Kitimbo the Resident State Attorney of Buganda Road wrote to Mabirizi the private Prosecutor of the matter and the presiding Magistrate informing them that the DPP had developed interest to take over the matter as provided for under Article 120 (3) (c) of the 1995 constitution.
However, appearing before Stella Maris Amabiris the Principal Grade One Magistrate of Buganda road on Thursday Mabirizi asked court to issue criminal summons against Kyagulanyi (accused) pointing out that it will be unfair to prosecute him in absence.
In response to this, State Prosecutor Peter Mugisha insisted on their earlier request to take over the matter adding that there is no proof presented to show that Kyagulanyi was served with summons and failed to turn up.
Mugisha went further and asked court to allow their application and order Mabirizi to serve them with all relevant documents and evidence.
However, Mabirizi objected to the request by prosecution saying the Attorneys didn’t present any letter of proof that they had been instructed by the DPP.
“They allege that DPP has powers to take over matters but the constitution says they have a ‘function’ and this has limits. In this case they have to prove that the matter is of great public interest, and that Private Prosecution will lead to abuse of the court process.”
The Magistrate adjourned the matter to 28th September when she will deliver her ruling on whether court can proceed in Kyagulanyi’s absence and whether she allows the state to take over the matter or not.
Mabirizi alleges that on 17th July 2017 at Parliamentary Building, Parliament Avenue Kampala wilfully procured Registration into Uganda Parliament’s record under false pretence that you were born on 12th February 1982.