Suspects in Muslim clerics' murders seek to block trial
May 30, 2016
They are also seeking for court's declaratory orders that their arrest was without reasonable cause
PIC: Sheik Yunus Kamoga (seated wearing glasses) chats with lawyer Fred Muwema (L) as the former's co-accused look on during the pre-trial hearing in April. (Credit: Roderick Ahimbazwe)
Nine jailed Sheikhs out of the 31 who are battling terrorism, murder and crimes against humanity charges are set to appear in court for the hearing of their case.
On July 10th, the Sheikhs logged a petition at the Constitutional Court through Muwema and Company Advocates seeking several constitutional redresses challenging their trial after the Directorate of Public Prosecutions (DPP) defied court orders.
They are also seeking for court's declaratory orders that their arrest was without reasonable cause and prosecution on charges of terrorism, murder, crimes against humanity, and attempted murder is unconstitutional.
The Sheikhs are also challenging their detention in police cells beyond 48 hours without charge.
They also want a permanent injunction to be issued by the court, stopping the DPP from further prosecuting them at the War Crimes Division of the High Court.
The applicants include the leader of the Tabliq sect Amiiru-Ummah Sheikh Muhammad Yunus Kamoga.
Other applicants are Siraje Kawooya, Abdulsalaam Sekayanja, Abdul Hamid Mubiru Sematimba, Rashid Jjingo, Twaha Sekitto, Yusuf Kakande, Murta Mudde Bukenya (brother of Kamoga) and Fahad Kalungi.
They were charged with the offences in connection to the murder of top Muslim clerics in country.
They claim that the prosecution has refused to avail all the evidence that they intend to use against them as earlier directed by Justice EK Muhanguzi.
They were arrested between January 2015 and February 2016 and detained at Kireka's SIU on suspicion of having conspired to murder Sheikh Mustafa Bahiga at Bwebajja along Entebbe Road, and Sheikh Abdulkadir Muwaya in Mayuge District.
They are also accused of the attempted murder of Sheikh Dr. Haruna Jjemba of the Tabliq sect.
Lawyer Fred Muwema argued that the application raised serious and compelling questions of constitutional interpretation touching fundamental liberties and freedoms.
"Since the DPP had since last March defied court orders directing him to provide them with evidence he intends to rely on against the accused, the application has high chances of success" he said.