The witnesses lined up by the state prosecutor Barbra Kyomugisha include ASP Joseph Bakareke, CPL Jimmy Ndyahebwe, ASP Edger Kulagye and Cadet ASP Achon Ojakol.
KAMPALA - The Directorate of Public Prosecutions (DPP) has lined up four witnesses to pin the Kyadondo East legislator Robert Kyagulanyi Ssentamu alias Bobi Wine in the disobedience of the Public Order Management Act case.
The witnesses lined up by the state prosecutor Barbra Kyomugisha at Buganda road chief magistrates court include ASP Joseph Bakareke, CPL Jimmy Ndyahebwe, ASP Edger Kulagye and Cadet ASP Achon Ojakol.
However, the trial did not kick off because Kyagulanyi was absent; his lawyers said he was in Nairobi on official duties.
The grade one magistrate Joan Acaa warned Kyagulanyi for being unfair to the prosecution yet he had decided the date of the trial to kick off.
“Last warning goes to Kyagulanyi, it seems he’s trying to delay this case but let this be the last time he misses court. How comes he is absent yet it’s him who fixed the date,” the magistrate said
"Didn’t he know that he was to travel when he fixed the date of the case? Let’s respect the court,” Acaa warned.
It is then that prosecution requested the court to compel the accused to facilitate the witnesses’ transportation if one of the accused fails to appear in the next sitting.
“We pray that this court compels the accused to facilitate the witnesses if one of the accused fails to appear in the next adjournment,” Kyomugisha told the court.
“We’ve transported them and the trial cannot kick off in such a criminal case when one of the accused is missing yet he’s the one who suggested this date, we, therefore, retaliate our prayer that in case he misses the next adjournment, transporting the witnesses be put onto him,” she added.
One of the defense counsels, Antony Wamere told the court that their client, Kyagulanyi, was willing to attend court but he had to attend state duties as delegated to him in the Uganda Parliament.
“Kyagulanyi is a law-abiding citizen and willing to be here, we, however, regret that he’s not here. Due to the prevailing circumstances, we pray for an adjournment to enable us to produce the accused in court,” Wamere said.
This prompted the trial magistrate to adjourn the case to October 28, 2019.
The prosecution alleges that the accused and others still at large on July 11, 2018, at Constitutional Square in Kampala disobeyed provisions of the Public Order Management Act by holding a public meeting without giving notice to any authorized officer.
It further asserts that the accused refused to coordinate and cooperate with the Police to ensure that all participants in the demonstration were unarmed and peaceful.
Kyagulanyi co-accused are, Fred Nyanzi Ssentamu (his brother), his aide Edward Sebufu alias Eddie Mutwe, David Lule and Julius Katongole.