July 2010 bomb suspects to face trial

By Edward  Anyoli & Farooq Kasule

KAMPALA - The High Court has set March 17, to hear the case of twelve people accused of the July 2010 twin bombing at Kyadondo Rugby Club and Ethiopian Village Resturant in Kabalagala.

Justice Alphonse Owiny-Dolo, on Tuesday fixed the hearing after prosecution said were ready to prosecute the case.

The accused; Hussein Agade, Omar Owar, Muhammed Hamid, Idris Magondo,Yahaya Sulaiman, Habib Sulaiman, Ahmed Al Muhammad, Isa Ahmed Luyima, Hassan Haruna Luyima, Abubakar Batenonju, Muzafar Luyima and Haji Najorege.

The suspects are accused of carrying out the July 11, 2010 twin bombings in Kampala which killed 76 people and injured hundreds of others as football fans watched the World Cup finals at Kyadondo Rugby Club in Lugogo and Ethiopian Village Restaurant in Kabalagala.

The defence lawyer led by Peter Walubiri, Onyango Owor, Caleb Alaka, Julius Galisonga and Henry Kunya had asked court to stop the proceedings arguing that they had appealed in the Supreme Court.

At the start of the proceedings Walubiri opposed the state’s application to have the case fixed for hearing.

Walubiri argued that his client appeal seeks to have the proceedings permanently stayed because by proceeding with the trial various sections of the constitution would be violated.

The Senior Principal State Attorney Joan Kagezi defended the matter saying there was no notice file in the Supreme Court and asked the court to fix the hearing.

“An appeal does not act as a stay for the court proceedings. Not even the constitutional appeal,” Kagezi said.

Justice Owiny-Dolo decline to grant the order saying the delay of the case would be improper.

“Unless there is an interim order from the superior court the matter will continue. I have an order from the constitutional court to proceed with the trial,” Owiny Dolo said.

In October 2011, the accused through their lawyer filed a petition in the constitutional court to halt the proceedings on grounds that  they were mistreated by the securitry agents from Kenya, Tanzania and Uganda.

The twelve accused had asked the Constitutional Court to declare that the Director of Public Prosecutions (DPP) should not use their confessions in the trial because the statements obtained from them were allegedly done under a duress.

The Constitutional  Court presided over by justices Remmy Kasule, Solomy Bossa, Geoffery Kiryabwirwe and Lillian Tibatemwa dismissed the application on October 22, 2014 saying the police did nothing wrong against the accused.

The judges also said that other complaints which included torture and illegal detention can well be addressed by the High Court after listening to both prosecution and the suspects.

Prosecution  said  that the accused and others still at large, in Kampala unlawfully delivered and discharged explosives, to occasion death and serious injury.

They had asked court to declare their trial by the High Court in Kamapala unconstitutional.

The acused were brought to court under tight security commanded by Anti-terrorism police and court was heavily guarded as the proceedings went on.

Justice Owiny-Dolo asked all the accused whether they had understood why they were in court. They confirmed to court they knew why they were in court.