Jailed MPs case: Court blocks disclosure of 17 State witnesses
Kawempe North MP Muhammad Ssegirinya (left) and his Makindye West counterpart Allan Ssewanyana at the International Crimes Division of the High Court in Kololo, Kampala, on September 28, 2022. PHOTO | ABUBAKER LUBOWA
The 17 State witnesses lined up against two jailed Opposition Members of Parliament (MPs) will only be known in court when they are presented to give evidence, the court has directed.
The 17 State witnesses are set to testify against Mr Allan Ssewanyana (Makindye West) and Mr Muhammad Ssegirinya (Kawempe North) over accusations of terrorism, murder, attempted murder to aiding and abetting terrorism.
Justice Alice Khaukha of the International Crimes Division (ICD) of the High Court allowed the non-disclosure of the State witnesses, citing safety reasons.
She ruled that full disclosure of the identities of the witnesses might risk their safety, security and wellbeing in society.
“I find that there is an objectively justifiable risk to the safety of the witnesses since they are said to have been threatened due to their perceived association with the investigation,” Justice Khaukha held.
The judge also agreed with the sworn statement by Police Detective Innocent Mubangizi that the prevailing security in greater Masaka where most of the witnesses reside is delicate and can easily escalate if their identities are disclosed.
“I find that the protection measures being sought, which include delayed, redacted, summary disclosure of the 17, limitation of the number of people able to access information and keeping a log of persons handling the information shall not cause any injustice to the accused persons,” ruled the judge.
Justice Khaukha explained that no witnesses shall be called upon to testify without adequate full disclosure should the court confirm the charges for trial.
The judge then ordered that there shall be redacted disclosure of 15 of the witnesses, summary disclosure of two witnesses, which should be done on October 7, and full disclosure of the identities of the witnesses and evidence not later than 15 days before commencement of the trial should court confirm the charges.
Justice Khaukha has also directed that the application in which the two jailed Members of Parliament are seeking for release on bail pending trial of murder charges, shall be heard in Masaka.
Back to Masaka
She directed the Registrar at ICD to forward the case file to Masaka High Court for fresh hearing of the bail application.
Mr Samuel Muyizzi Mulindwa, the lawyer representing the accused MPs, explained that their decision to seek transfer of the file was based on last week’s ruling in which the ICD dismissed an application that sought to consolidate two case files in which the MPs are being prosecuted.
According to Mr Muyizzi, all the lawyers representing the accused persons agreed with their clients that it is in the interest of justice that the bail application should be transferred and heard before Masaka High Court.
While State prosecutor Lino Anguzu had objected to the move and asked the court to decline the request, Justice Khaukha ordered for the transfer of the file to the judge who is handling the murder case. The case has been adjourned to October 10 for further hearing of their pre-trial case.
