Court dismisses 11 terror suspects application for redress
Some of the 11 terror suspects exit court on August 15, 2023 after their case was adjourned. PHOTO/NOELINE NABUKENYA
What you need to know:
- Lead defence lawyer, Shamim Malende, said they had filed a rejoinder for the redress on August 1.
The Nabweru Chief Magistrates Court has dismissed an application in which at least 11 suspected terrorists wanted the Constitutional Court to redress their arrests and presentation in court without substantial evidence.
On Tuesday, Nabweru Chief Magistrate Sarah Namusobya based on Article 137 (I & II) of the Ugandan Constitution to dismiss the application saying “there is no substantial reason to refer the matter to the Constitutional Court.”
Lead defence lawyer, Shamim Malende, said they had filed a rejoinder for the redress on August 1.
“We wanted the Constitutional Court to determine whether it is constitutional to arrest, detain and arraign suspects in court when investigations are not yet complete,” she said.
She added that: “Unfortunately, the court has not allowed the constitutional reference because they say, the law protects them…and they are at liberty to handle the case the way it is proceeding.”
Given that the accused are faced with terrorism, which is a capital offence, the State has about 180 days to present due evidence to court.
“Court must consider whether there is a constitutional question requiring interpretation of the constitution under article 137 (I) and whether the question involves a substantial question of law,” Chief Magistrate Namusobya held.
She ruled: “This court shall make no reference to the constitutional court. The defense may file a direct petition to the Constitutional Court if they are so inclined or they may pursue this matter under the Human Rights Act.”
Meantime, Malende noted that defense lawyers wanted to reduce the surging number of suspects kept in court without trial.
“Diseases are increasing among the prisoners yet there is no decent medication in police cells apart from panadol and other painkillers. Let these people be granted bail,” she added.
Malende informed journalists that the expiration of the mandate of LC1s in July 2023 has also affected their efforts to secure bail for the accused.
“Since the Parliament has extended their term, we are going to collect all the letters required and submit a bail application,” she revealed.
The suspects include Abdul Katumba, 25, Abdallah Katumba, 30, Muhamudu Kalyango, Hamidu Ssekidde, 30, Sulaiman Male, 39, Wilber Kairugara, 26, Resty Birungi Nabbosa, 40, Faridah Masaaba, 47, Hamidu Muyodi, 29, Issa Makumbi, 39 and Umar Magala, 39.
Other defence lawyers include Elias Luyimbaazi Nalukoola, Anorld Atukwase, Hassan Nsubuga and Zakariya Ssuuna.
On Tuesday, Nabweru Chief Magistrate Sarah Namusobya Musoke adjourned the case to August 29 for further mention.
Relatives to suspects cry out
Betty Muyodi, the wife to terror suspect Abdallah Muyodi asked the court to grant bail to her husband saying their five children are no longer studying since their father who was fending for the family was arrested.
“They are about to chase us from our rented house because I’m just a mere housewife yet our children have to eat, get medication and go to school,” she said.
Imelda Namubiru, 82, the mother of Faridah Masaaba who is one of the female suspects, said since her daughter was arrested, she no longer gets medication.
“I don’t have money to buy the required medicine and yet I need serious medical attention,” she remarked on Tuesday.
