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Court dismisses music promoter Bajjo’s case

By Douglas Mubiru

Added 19th February 2020 06:51 PM

Senior Grade One Magistrate, Stella Amabilis dismissed the case on Wednesday after prosecution witnesses including a police officer, AIP Henry Mugumya declined to testify.

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Andrew Mukasa alias Bajjo in the dock at Buganda Road Chief Magistrates’ Court in Kampala on Wednesday (Photos by Douglas Mubiru)

Senior Grade One Magistrate, Stella Amabilis dismissed the case on Wednesday after prosecution witnesses including a police officer, AIP Henry Mugumya declined to testify.

COURT

KAMPALA-The Buganda Road Chief Magistrates’ Court has dismissed the case in which music promoter Andrew Mukasa alias Bajjo was charged with inciting violence.

Senior Grade One Magistrate, Stella Amabilis dismissed the case on Wednesday after prosecution witnesses including a police officer, AIP Henry Mugumya declined to testify.

The dismissal of the case was prompted by state prosecutors Ivan Kyazze and Patricia Cingtho who told court that their witnesses had declined to testify despite having been summoned several times.

“Your worship, we humbly pray that you issue warrant of arrest for Mugumya, for we’ve several times summoned him to testify but he has declined,” Kyazze said.

He further requested the court to adjourn the case for at least the last time so that the witness is compelled to appear in court.

However, the defence barristers Erias Lukwago and Shamim Malende objected to the state entreaties saying they had no affidavit of proof that they had really served the witness.

 ajjo and his lawyers leaving court Bajjo and his lawyers leaving court

 

“Your worship, there must be a reasonable proof of service that the witness was served, but it is not in court,” Lukwago said.

He wondered how prosecution failed to arraign even a single witness yet his client was brutally arrested, detained in various places, tortured and brought to court under tight security, earlier before his plea.

“All these happened indicating that the state had a variety of witnesses, but am shocked that even up to date, no witness was ever adduced,” he added as he invited court to dismiss the case.

Immediately after Lukwago’s submission, the matter stood over for three hours on the Magistrate’s orders.

On return, the Magistrate dismissed the case saying the state had failed to inform court when its witnesses will be ready yet several adjournments had been made.

“Eight adjournments have been made in this matter, the accused has been attending court fully but prosecution has failed to adduce the necessary witnesses, hence a violation of the constitution.

I, therefore, dismiss the case, the accused is discharged unless charged with other charges,” Amabilis ruled.

The Magistrate also ordered sh4m bail fee to be refunded to Bajjo.

Prosecution alleged that during the month of June 2019 in various places such as Masaka, Mbarara, Ibanda, and Kampala, Bajjo incited members of the public to carry out violence.

On offensive communication, it was asserted that Bajjo with intent to disturb the peace and privacy of the President recorded a video and posted it on social media talking of overthrowing the government.

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