State ordered to disclose its evidence in Turinawe's assault case

BUGANDA ROAD COURT

The Buganda Road Chief Magistrates' Court has ordered the state to disclose its evidence to Ingrid Turinawe before November 18, 2019 or else the case will be dismissed.

Turinawe, an activists and the Forum for Democratic Change (FDC) Women's League chairperson, is facing two counts of common nuisance and assaulting a police officer.

Turinawe, who is on bail was arrested on August 4, this year over assaulting a police officer as she had gone to CPS to visit the FDC party members, who had been detained for allegedly attacking and insulting a magistrate during Dr. Stella Nyanzi's 18 months sentence at Buganda Road Court.

Grade One Senior Magistrate, Stella Amabilis, on Friday gave the order after Turinawe's lawyer, Isaac Ssemakadde, protested the state's decision to force Turinawe pay for disclosure in her case.

"Your honour, we seek your indulgence, the state has failed to disclose to my client. They want her to incur the costs before they disclose which is outrageously unlawful.

We pray that court compels them to disclose or be pleased to dismiss the case," Ssemakadde said.


Ingrid Turinawe charting with her lawyer, Isaac Ssemakadde after court proceedings

However, the state prosecutor, Miriam Njuki, told court that her supervisor told her that the suspect (Turinawe) has to incur the costs before disclosure.

"Your worship, my supervisor says that the accused has to incur the costs for disclosure, me I can't incur my personal costs, so she either pays for or I won't disclose," Njuki said.

This prompted the trial magistrate to deliver a ruling on the matter and ordered the state to disclose before November 18.

"This court orders the state to disclose to the accused before November 18, the accused bail is further extended till then when the case will return for hearing," Amabilis ruled.

The law

Under the law, any person who commits the misdemeanor termed a common nuisance is liable to imprisonment for one year.

For assault, the law states that anyone convicted for occasioning actual bodily harm is liable to imprisonment for five years.

The charge

Prosecution alleges that on August 4, 2019 at Central Police Station (CPS) Kampala in the central division, Turinawe did an act that caused annoyance or inconvenienced the public in the exercise of her leading to the conclusion that she was a common nuisance.

The accused also assaulted detective-sergeant Patrick Alunyu thereby occasioning him to actual bodily harm.