During yesterday’s hearing the Magistrate accepted to adjourn the case in order to allow the newly appointed prosecutor to thoroughly acquaint herself with the file. The Magistrate set 16th September as the deadline by which the prosecution will have to make written submissions in response to the application by the defendants’ lawyers for dismissal of the matter.
The request for an adjournment by the State was opposed by the lawyers of the defendants, Mr. Bwiruka and Mr. Musana. Mr. Bwiruka stated that they had filed their written submissions on the 20th August 2009 as requested but had not been informed of the appointment of a new prosecutor. In his response, the Magistrate agreed with the defendants’ lawyer and stressed that further delays in the trial would represent a denial of justice. Nevertheless, he found the reasons advanced for the request for adjournment by the State, i.e. the need for the new prosecutor to study the case and make submissions, sufficient.
The Court will reconvene on the 23rd September 2009 and in theory make a ruling on the matter, notably on whether or not there is a case to answer to. The East and Horn of Africa Human Rights Defenders Project (EHAHRDP) has followed the case closely. Ms Tabitha Netuwa, EHAHRDP Legal and Protection Officer, observed the hearing on the 9th September together with advocate David Kaggwa and Thomas Ndayiragije, from Amnesty International.
For more information please contact Ms Tabitha Netuwa, Legal Officer on +256 312 265823.
Laetitia Bader
Human Rights Officer
East and Horn of Africa Human Rights Defenders Project
Human Rights House, Plot 1853 Lulume Rd., Nsambya
P.O. Box 70356 Kampala, Uganda
Tel: +256-312-265823
+256 – 414 510263
Fax: +256-312-265825
Website: http://www.defenddefenders.org
