The Nakawa Chief Magistrate's court yesterday failed to hear an application seeking to dismiss charges against suspects accused of killing former police spokesperson AIGP Andrew Felix Kaweesi.
Noah Sajjabi, the Grade One Magistrate said that the ruling could not be delivered because the file containing the particulars of the offence was sanctioned by the Director of Public Prosecutions on March 23 and therefore it wasn't available for reference.
Kaweesi was brutally gunned down on the morning of Friday, March 17, 2017 a few metres away from his residence in Kulambiro, a Kampala suburb. Also killed in the mid morning ambush were Kaweesi's driver, Godfrey Mambewa and body guard, Kenneth Erau. It is said Kaweesi was shot at about 27 times.
More than 40 people were initially arrested, 23 of whom were charged in court. More than a year later, the state is still seeking for more time to complete investigations. Godfrey Turyamusiima, the suspects lawyer objected to the prosecution's submissions.
Earlier this year on February 15, defence lawyers asked court to dismiss the case on grounds that the state had failed to produce evidence against the suspects.
Yesterday, state prosecutor Rachel Nabwire told Sajjabi that investigations into the case are still ongoing. Sajjabi was forced to adjourn the case to August 14 as they wait for the DPP to return the file to Nakawa court.
"It is unfortunate that the state knows who killed Kaweesi. They have them in their possession, they have them in their custody. That is the reason why we have these newspapers, every newspaper for the last 7-10 days they’ve mentioned about those who did this act. And among those names they mentioned, our clients are not part and parcel. They don’t mention our clients participating. They have the Kitaganda’s, they have the Nixons. Those were part of them. They know who did it." said Turyamusiima.
All the 23 suspects are charged with terrorism contrary to Section 7(1) (a) and 2 (b) of the Anti-Terrorism Act, 2002.