High Court (International Crimes Division) Judge Jane Elizabeth Alividza on Thursday expressed disappointment with the way government prosecutors are handling the case of legislators; Allan Ssewanyana and Muhammad Ssegirinya.
On Tuesday when the defence lawyers of Ssewanyana (Makindye West) and Ssegirinya (Kawempe North) appeared before the International Crimes Division High court preparing for the pre-trial hearing, they were puzzled when prosecutors asked the presiding judge for a 30-day adjournment as they prepared for the evidence.
Prosecutor Richard Birivumbuka informed the court that they need to visit the witnesses and understand their challenges and appreciate what type of help or support they need. He also added that they intend to make a protection application for their witnesses not to be exposed as they testify.
However, the defence lawyers led by Kampala Lord Mayor Erias Lukwago protested the adjournment alluding that the request by the prosecutors was intended to delay the case of the two jailed Members of Parliament.
While making her judgment , judge Alividza overruled the one-month adjournment request and instead pushed the pre-trial hearing to next week and adjourned the matter on the 28th of July (Thursday) for a pre-trial hearing.
When the two MPs appeared before the court on Thursday for the pre-trial hearing to commence, the judge was surprised when the defence lawyers informed her that they had not fully received pieces of evidence from the prosecution as earlier the court ordered.
“Some lawyers were given [evidence] and others were unable to receive it. Those that haven’t received include; Rwakafuuzi & Co. Advocates, Alaka & Co. Advocates, Turinawe Kamba & Co. Advocates and Malende & Co. Advocates. Our prayer is that we also be served,” said Lukwago.
Responding to Lukwago’s submission, Mr Lino Anguzo, one of the prosecutors, assured the court they are committed to delivering all the necessary documents.He, however, asked the court to extend the pre-hearing from 4th August 2022 to 11th August so that they can deliver the necessary document on 9th August two days to the pre-trial hearing.
It was from this point, the judge expressed her total disappointment with the way the government prosecutors were handling the case of the two MPs.
The accused also informed the court that the prosecutors are deliberately seeking adjournments with an intention of delaying their case to be heard.
“My Lord I ask that we be released on bail because we all don’t know why we are being charged. I also request that the court issues an arrest warrant for the state attorney, Mr Richard Birivumbuka, for confusing the court because every time he is asked for evidence, he comes up with excuses.”
MPs Ssewanyana and Ssegirnya have been accused of masterminding the spate of killings that took place Masaka Sub-region last year between March and June which left over 26 residents. They are also facing charges ranging from terrorism, murder, and attempted murder to aiding and abetting terrorism.
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