Dismiss Kasiwukira case - defence lawyer

By Emmanuel Luganda and Michael Odeng

A top city lawyer representing Kasiwukira murder suspects has asked court to dismiss the case in which the three are charged with murdering their relative on grounds of delayed police investigations.

MacDosman Kabega, the lawyer for Sarah Nabikolo, a wife to late Kasiwukira, her sister Sandra Nakungu and Police Constable Ashraf Jaden, requested Makindye Court presided over by Chief Magistrate, Richard Mafabi, to dismiss the case if the police fail to complete investigations before the case comes back for mentioning.

“I’m surprised up to now police has not yet completed investigations and submitted information to police. I request court to dismiss this case if police does not complete investigations before court’s next sitting,” Kabega argued.

Kabega also complained that he had never received the police file, adding that it is his right to access information concerning the matter.

Kabega made the application after state prosecutor, Happiness Ainebyona, asked court to further remand the suspects to allow the police complete its investigations. “The Police are still investigating the case. We therefore seek for an adjournment.”

The trio appeared in court to answer charges in connection to the murder of businessman Eriab Ssebunya Bugembe commonly known as Kasiwukira. The maximum sentence of murder is death on conviction.   

However, the magistrate told the state to speed up investigations so that the hearing of the case kicks-off as soon as possible. Mafabi remanded the suspects until January 29, for mention.

Procedurally on completion of the probe, the Police informs the Directorate of Public Prosecutions (DPP), which notifies court of the development by formulating an indictment.

The committal papers containing the indictment are then forwarded to the High Court, which has jurisdiction to try the capital offence of murder.

The Magistrate’s Court only has powers to mention such cases, during which suspects are informed of the progress of the investigations.

Prosecution alleges that on October 17, 2014 at Muyenga diplomatic zone the trio murdered Kasiwukira. Kasiwukira was knocked down by a speeding car as he jogged early morning in the neighborhood of Muyenga.

Clad in a black flowery dress with a light brown jacket Nabikolo and other two suspects arrived at Makindye Court at 9:30am and were rushed to court cells under tight security.

Nabikolo and other two suspects looked confident while standing in the dock amidst a fully packed court.  She however looked straight to the cameras ordering journalist to give way as she was being led by a female prison wander back to the court cells which was not the case in the previous court sessions.