Restore Mubajje charges - Lawyer

May 02, 2007

A PRIVATE prosecutor has asked court to reinstate embezzlement charges against the Mufti, Sheikh Shaban Mubajje, and his two co-accused.

By Herbert Ssempogo
and Edward Anyoli

A PRIVATE prosecutor has asked court to reinstate embezzlement charges against the Mufti, Sheikh Shaban Mubajje, and his two co-accused.

Fred Muwema made the application yesterday at the start of the trial at Buganda Road Court in Kampala.
Muwema lamented that the Director of Public Prosecution (DPP) did not consult court before dropping the charges.

Chief Magistrate Margaret Tibulya will on May 16, give a ruling on whether mubajje and his co-accused Edris kasenene and Hassan Basajjabalaba should face embezzlement charges.

Kasenene is the secretary general of the Uganda Muslim Supreme Council while Basajjabalaba is the vice-chairperson.
Muwema argued that the DPP could not discontinue proceedings brought by a private prosecutor without the court’s consent.

“Court knows that the DPP did not seek permission before withdrawing the charges,” he said.

The defence lawyer, Muzamiru Kibeedi, however, asked the court to dismiss the application, saying the DPP had the mandate to take over any matter brought by private prosecution. The DPP struck off the embezzlement charges before the accused took their plea.

Mubajje, Kasenene and Basajjabalaba are facing various charges that include fraudulent disposal of Muslim property, making documents without authority and conspiracy to commit an offence.

After Tibulya’s ruling, the anti-Mubajje group, which included Sheikh Nuhu Muzaata, blocked the dock’s exit forcing them to go through the cells.

Muzaata and his group jeered and laughed as the trio left the courtroom via the cells.

(adsbygoogle = window.adsbygoogle || []).push({});