Sheikh Muhammad Yunus Kamoga and 13 others, on trial for masterminding the killing of fellow sheikhs Mustapha Bahiga and Ibrahim Hassan Kirya, have declined to defend themselves in court.
Appearing before the International crimes division of the High court presided over by justices Ezekiel Muhanguzi, Percy Tuhaise and Jane Kiggundu, the three lawyers for the accused persons told court that after consulting with their clients, they agreed that they [accused] will exercise their right not to defend themselves.
“We have informed our clients of their rights and they have elected to remain silent,” said lawyer Fred Muwema, who is representing 11 of the accused, told court.
MacDosman Kabega (the lawyer for Amir Kinene Muswaswa and Hamza Kinene Muswaswa) and Namawejje (lawyer for George William Iga) told court that their clients had also chosen to remain silent. Lino Anguzu, the principal state attorney, asked court to give them up to two weeks for them to make final submissions before the judges give their final ruling.
However, the lead judge, Muhanguzi, wondered why prosecution needed two weeks yet all the evidence they filed against the accused is on file.
“Are you going to write a textbook or thesis of sorts? All evidence is here; don’t regurgitate the evidence,” Muhanguzi said, attracting murmurs in the fully packed courtroom.
In the end, Muhanguzi ruled that prosecution should file and serve written submissions not exceeding 20 pages to court and the defence team not later than May 9.
“Further hearing is adjourned to May 26 at 9am for parties to address court on any corrections…; accused persons further remanded until that date,” Muhanguzi ruled.
NO EVIDENCE
Speaking to The Observer after the ruling, Kabega said there was no evidence that would compel them to defend the accused.
“They have chosen to keep quiet because there is no evidence on file that would compel them to defend themselves. Basing on the evidence adduced in court, none of the accused was directly connected to the crimes that they are being charged with,” Kabega said.
“Prosecution has failed to prove beyond reasonable doubt that the accused are guilty of the crimes they are being charged with so we didn’t see any reason to go on defense.”
On April 4, Muhanguzi ruled that the prosecution had proved a prima facie case against the 14 and that required them to defend themselves.
Consequently, Muhanguzi told the accused that they had four options to choose from; to give a sworn or unsworn testimony, to call witness to testify on their behalf or to keep quiet, which they chose to do.
bakerbatte@observer.ug
