Court orders state to amend charges in magistrate attackers' case

KAMPALA-The Buganda Road Chief Magistrates' Court in Kampala has given prosecution two days to amend the charges against the six suspected magistrate attackers.

The suspects who include Simon Wanyera, Abdullah Waiswa, Augustine Ojobile, Joel Kabali, Fatuma Abenabyo, and Moses Katumba are battling with four counts of inciting violence, contempt of court, malicious damage to property and common assault.

The Grade One Senior Magistrate Stella Amabilis gave the order to the state prosecutor; Miriam Njuki to come up with a draft of the amended charge sheet before Friday.

"I adjourn this case to November 8, 2019, and I order the state to return here on the stated date with a draft of an amended charge sheet, it is after the amendment that hearing of the case will commence," Amabilis ordered.

The order arose from the accused barrister; Isaac Ssemakadde when he petitioned the court to quash the charges against the accused, alleging that they were vague and did not clearly indicate who attacked the said magistrate.

"Your honour, six people cannot throw a single bottle to the magistrate as the prosecution alleges in the charge sheet.

(Left to right ) Wanyera, Waiswa, Ojobile, Kabali, Abenabyo and Katumba appearing before the Buganda Road Court on Wednesday

Secondly, the charges do not clearly indicate which obscene words were told to the magistrate and who particularly said what. This is against the law," Ssemakadde told court.

He further prayed to court to either discharge his clients or order the state to clearly avail clear charges against his clients.

Upon mitigation, the state prosecutor, Njuki admitted to court what the defence counsel submitted and told court that they were still in the process of amending the said charge sheet.

The charge

The prosecution alleges that the six accused and others still at large on August 2, 2019, at Buganda Road Court incited court audience to do an act of violence against her worship Gladys Kamasanyu by reason of her office.

The accused also, within the premises of the court in which a judicial proceeding was being heard, showed disrespect in speech manner to reference of the said proceeding and the magistrate presiding by abusing her (Kamasanyu) with obscene words and throwing a bottle of mineral water at the magistrate and making noise in court.

It is also alleged that Kabali, Wanyera, Abenabyo, and others still at large unlawfully damaged or destroyed walk detector machines, the property of Buganda Road Court.

Prosecution adds that Abenabyo on the same date commonly assaulted her worship Kamasanyu an act contrary to section 235 of the Penal Code Act.