National
High Court orders retrial of Masaka immature fish case
Publish Date: Jul 12, 2014
High Court orders retrial of Masaka immature fish case
The fish is alleged to belong to emabattled rally ace Ponsiano Lwakataka.
  • mail
  • img
newvision

By Hillary Nsambu

MASAKA High Court Justice Ferrah Musoke-Kibuuka has nullified a judgment in which a Kalangala Grade One Magistrate had convicted four men of being in possession of alleged immature fish and convicted them under a retracted law.

The judge ruled that the case should be tried again under the revised law by none other than the Chief Magistrate of Masaka. 

The ruling followed spirited submissions by defence lawyers Hassan Kamba and Sam Sserwanga in which they strongly opposed an application in which Masaka resident state attorney Baxter Bakibinga had sought for the destruction of the illegal fish. 

The attorney had submitted that the sentence imposed by the trial magistrate was illegal as it did not conform to the provisions of the revised law. The release of the contraband was illegal and the release of the vessels and their engines to the owners was also illegal as the law provided for seizure, destruction and appropriate disposal. 

However, the defence lawyers, Kamba and Sserwanga opposed the application arguing that the trial was a nullity and the court should not act on a non-existing law under which the case was tried.  

“There is no point why we should labour over a non-existing case, as the trial magistrate tried the case under a wrong law, in that it had long been revised. By allowing the application, would be like killing a bull that is already dead. The case, therefore, shall be referred back to the lower court and strictly be retried by none other than the Chief Magistrate,” the judge ordered. 

The smoked fish that is worth millions of shillings, which was allegedly intercepted last May by the fisheries personnel at Kalangala Island. The fish is alleged to belong to the famous rally ace, Ponsiano Lwakataka. The troubled ace is currently facing a similar charge in Fort Portal courts. 

Kalangala trial magistrate Tadeo Muinda, had tried and convicted Abdala Mukiibi, Patrick Mwesigye, Luka Friday and Mukasa Bbosa of the offence of being in possession of the alleged immature fish. He ordered the release of the together with the fishing equipment and vessels to their owners. He had also ordered the accused to pay sh10,000 each. 

Bakibinga had also opposed the trial magistrate’s order for the accused to pay sh10,000 which he said was below the required currency point of sh20,000 which is allowed in the law.

Related stories

Lwakataka remanded for dealing in immature fish

Rally ace Lwakataka arrested

Police summons Lwakataka over immature fish

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Slain Unilever boss mourned
SPEAKER after speaker described Makanga as a smart, classy, humble, respectful, joyful, hardworking man who worked to see that also others get to enjoy the good life...
Muntu warns Mafabi, Nabila over media exchanges
ACCORDING to John Kikonyogo, the party spokesperson, Muntu said discussing the issues in the media was affecting the image of the party...
Gov
The minister in charge says the move will enable legal refugees seek study, business and medical opportunities abroad....
South African deputy president Ramaphosa here for talks on South Sudan
South African deputy president Cyril Ramaphosa is in Uganda for consultations on the South Sudanese peace process with Ugandan President Yoweri Museveni....
Uganda grapples with access to drugs for Non Communicable Diseases
Moses Kafeero, 24, is a resident of Kasensero in Rakai district. He weighs 112 kilograms.Kafero is one of the thousands of Ugandans suffering from Non Communicable diseases. Kafeero just like others is not aware that one of the risk factors associated with high blood pressure and diabetes is obesit...
The President of the General Assembly, Sam Kutesa, has mourned the fallen Zambian President Chilufya Sata....
Should the absence of bride price prevent couples from wedding?
Yes
No
Can't Say
follow us
subscribe to our news letter