Terror suspects trial on hold

Nov 18, 2011

JUSTICE Alfonse Owiny-Dollo of the High Court has stopped the trial of 12 terror suspects indicted for the July 11, 2010 Kampala bomb blasts to

By Hillary Nsambu

JUSTICE Alfonse Owiny-Dollo of the High Court has stopped the trial of 12 terror suspects indicted for the July 11, 2010 Kampala bomb blasts to enable them challenge the legality of their trial.

The men petitioned the Constitutional Court also challenging as unconstitutional the procedure used by state authorities while extraditing them into Uganda from Tanzania and Kenya, their countries of origin.

Initially, 19 suspects had been arrested for the murder of over 70 revelers, who were watching the final World Cup match at Kyadondo Rugby Club and the Ethiopian Village Restaurant in Kampala following the twin bomb blasts.

Later some of the suspects were released after the state had dropped charges against them. However, two of them, Ugandans, Idris Nsubuga and Mohamoud Mugisha pleaded guilty to the charges and were convicted on their own plea of guilt. They were sentenced to 25 and 5 years custodial goal respectively last September.

After the blasts the Somali notorious rebel group claimed responsibility of the murder at the two popular rendezvous.

Delivering his ruling yesterday, the judge said: “I prefer to err on the side of caution; and to stay this trial while hoping that the Constitutional Court finds the time to expeditiously dispose of the petition before it and give the trial court direction on the course of action it should take.

Accordingly, this trial is stayed until such further orders as shall come from the Constitutional Court in that regard.”

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The suspects wave to their relatives as they are led to the prison bus back to Luzira

Represented by a team of four criminal lawyers, the suspects challenge the legality of their trial, saying it violated various provisions of the Constitution; their being tried in the International Crimes Division of the High Court of Uganda and the constitution the court trying them.

Senior Kampala lawyer Peter Mukidi-Walubiri leads the defence team that includes Caleb Alaka, Duncan Ondimu, John-Francis Onyango and Julius Garisonga.

The lawyers had argued that it would not serve the interest of justice for the trial court to proceed with the hearing of the charge and; yet the Constitutional Court could declare that the suspects’ claim was well-founded.

Senior Principal State Attorney Joan Kagezi and State Attorney Lino Anguzu, who represented the DPP, had, however, vehemently opposed the stay of the proceedings, arguing that the application was misconceived as there was nothing to interpret about.

They also argued that the suspects should have applied for the stay of the hearing of their case in the Constitutional Court, which should have made the orders for a stay.

However, the judge said that ordinarily, he would have agreed with the prosecution, however, he was forced to take a softer stance for the fact that the suspects had endeavoured to have their affidavits supporting the petition commissioned, but their efforts were thwarted by the Prisons authority until he had to make an order for them to be commissioned.

However, the judge pointed out that the trial was not being conducted under the international crimes regime for which the International Crimes Division of the High Court was set up.

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