Yellow pigs case: Lawyer rejects court over bias

Jul 06, 2016

The application comes a week after the trial magistrate, Beatrice Khainza, quit the case

A lawyer representing two youths accused of sneaking yellow painted pigs into parliament in protest of unemployment, has declined to have case tried at City Hall over bias.

Isaac Ssemakadde while appearing before the City Hall court grade one magistrate Moses Nabende, applied to have the case re-allocated to another court on grounds that the court has no capacity to give a fair hearing to the unemployed youths.

"We challenge the right of this court to hear this case because we fear that the accused will not be given a fair trial. We pray for your recommendation to the chief magistrate to have this matter reallocated to any other court of jurisdiction," he said.

His application comes a week after the trial magistrate, Beatrice Khainza, quit the case following a formal complaint from Ssemakadde that she was being biased in the case.

In his complaint, he cited a scenario where Khainza openly attacked and yelled at the youths for assembling media to cover the court proceedings.

Ssemakadde said that after filing the written complaint on May 26, the magistrate decided to unceremoniously abandon the case without giving reasons why and defending herself against the accusations.

"It is procedurally improper, irregular and illegal for a magistrate to recuse herself from trial without accountability to the parties in the case. Whatever may have been her reasons, we are entitled to know," he stated.

He explained that he doubts Nabende's ability to independently hear the case since he works in the same court with Khainza and they work closely, adding that he is not privy to what transpired between them when he (Nabende) took over the case.

Moses Mayanja and Norman Tumuhimbise are facing three counts including interrupting parliamentary activities, criminal trespass and conspiracy to sneak in yellow pigs into parliament. They were charged in July 2014.

Meanwhile, state attorney Pamela Orogoti has said that for justice to prevail, she does not object to the application.

Nabende has set July 11, for ruling.

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