Four witnesses lined up to pin Bobi Wine

(L-R) Julius Katongole, David Lule, Edward Sebufu and Fred Nyanzi Ssentamu in the dock during court proceeding. The four are accused of disobeying the Public Management Act. PHOTO: Douglas Mubiru

The Directorate of Public Prosecutions (DPP) has lined up four witnesses to testify against Kyadondo East legislator Robert Kyagulanyi Ssentamu alias Bobi Wine in a case in which he is accused of holding an illegal assembly and procession.

Kyagulanyi co-accused are Fred Nyanzi Ssentamu (his brother), his aide Edward Sebufu alias Eddie Mutwe, David Lule and Julius Katongole.

The state lined up the four witnesses Tuesday before the Grade One Magistrate Joan Acaa at Buganda Road Chief Magistrate's Court in Kampala.

However, the trial did not take offf because one of the accused, Kyagulanyiwas in Nairobi on official duty, according to his lawyers.

On the contrary, Kyagulanyi's absence did not stop the state prosecutor Barbra Kyomugisha from lining up the prosecution witnesses who included; ASP Joseph Bakareke, CPL Jimmy Ndyahebwe, ASP Edger Kulagye and Cadet ASP Achon Ojakol.

Prior to production of the witnesses, the trial magistrate said Kyagulanyi had been unfair to the prosecution in that it's him (Kyaguranyi) who decided the date to which the case had been fixed for the trial to kick off but instead was nowhere to be seen.

"Last warnings to Kyagulanyi, it seems he's trying to delay this case but let this be the last time he misses court. How comes it's him who fixed this date but now he is absent. Didn't he know that he was to travel when he fixed the case? Let's respect court," Acaa said.

It is then that prosecution requested 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 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 literate our prayer that incase he misses the next adjourn, transporting the witnesses be put onto him," she added.

However, one of the defence lawyers, Antony Wamere told court that their client, Kyagulanyi was willing to attend court but he had to attend state duties as delegated to him by 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 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, the accused disobeyed provisions of the Public Order Management Act by holding a public meeting without giving notice to any authorised 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.