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Wednesday,October 23,2019 23:18 PM

MP Zaake’s case hearing fails to proceed

By Edna Piyic

Added 22nd March 2019 04:04 PM

Ssegona said after tendering all the documents in time they will then proceed for the hearing of the case.

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Ssegona said after tendering all the documents in time they will then proceed for the hearing of the case.

PIC: (From left) Zaake's lawyer, Medard Ssegona, Francis Zaake and Asuman Basalirwa after the court case in Arua. (Photo by Edna Piyic)

COURT

ARUA-The hearing of the case of the Member of Parliament, Mityana municipality Francis Zaake failed to proceed at the grade one  magistrate's court due to prosecution’s failure to certify documents.

The chief magistrates’ court in Arua last month granted Zaake bail for the charge of escape from lawful custody on August  13  last year during the Arua municipality by-election campaigns.

The particulars of the case are that on the fateful day, he escaped from Arua Regional Referral Hospital under the custody of the Police crime officer West Nile region, Herbert Wanyoto.

The documents include statements of witnesses that were served to the defence that will foster the hearing of the case.

 

 rom left he three legislators assiano adri edard segona and rancis aake after the court case in rua  hoto by dna iyic (From left) The three legislators Kassiano Wadri, Medard Ssegona and Francis Zaake after the court case in Arua. ( Photo by Edna Piyic)

 

The defence lawyer, Medard Ssegona read the documents that were tendered by prosecution.

They are a statement of a police officer, Alfred Okello who reported the case on August 15, a statement of Herbert Wanyoto, the regional crime officer, West Nile which was recorded on August 18.

Other statements were of a police officer, Richard Olony and a statement from a medical officer of Arua Regional Referral Hospital on  August 24, last year and a lock up register and exhibit slips.

Ssegona asked court to ensure that prosecution certifies the documents like the statements and exhibit slips.

“We find it pertinent to pray for further disclosure of the station diary and exhibits that is when we will consider disclosure closed,” he said.

He said prosecution should not tender other documents afterwards because they do not seek to be ambushed with new documents.

Ssegona said after tendering all the documents in time they will then proceed for the hearing of the case.

“We are prepared for this trail more than ever before to employ the entire machinery to acquire justice,”he said.

He said they are hopeful that at the end of the trial, they will be a difference between prosecution and persecution.

“Our contention is that our client  is being persecuted for political reasons, “the people  who should be arraigned  in court for the gruesome murder of  Yassin Kawuma, Bobi Wine’s driver have never been brought to book and they are in charge of the state,” Ssegona said.

The state prosecutor William Bayo says some documents were not certified because certification is a duty of Police.

He however requested for more time for certification of the documents so that the hearing process can start.

He said they are prepared for the case and will not ambush defence but asked court for an adjournment.

The grade one court magistrate, Arua, Swaleh Asiku asked prosecution to avail all the necessary documents to prevent scenarios of tendering documents when the trial starts.

“I am giving prosecution by the end of Friday to tender in all the documents to prevent ambushes and if that is not possible then by 29th of this month they should have availed the documents that will help in the trial,” he said.

He adjourned the case to  April 25, 2019.

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