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Land case: Murder suspects petition court over prosecutor
Denied. Kampala businessman Hassan Basajjabalaba, who was supposed to receive the Shs90b pay that was halted by President Museveni. FILE PHOTO
What you need to know:
Two councillors from Mubende District have petitioned the High Court in the area to bar a Senior Resident State Attorney from prosecuting their case, saying his involvement would deny them a fair hearing.
The councillor for Busale and Katabalanga villages in Mubende District, Ms Grace Nantubiiro, and Kaweri Ward councillor Ronald Mugwabya, together with 26 other residents of Kaweeri, are on trial for the murder of Yunus Kasajja Tabu.
Tabu was at the time of his killing employed by Mr George Kaweesi, who was in the process of evicting residents at the time.
Tabu was hacked to death during the confrontation on October 12 last year.
The land, from which Mr Kaweesi evicted more than 3,000 residents, is in Busale, Kambuye and Katabalanga villages in Mubende District and measures 320 hectares.
“Regarding the present prosecution, Richard Birivumbuka lacks the impartial, fair and objective disposition expected of a prosecutor in a fair and dignified manner,” the councillors said in a motion to disqualify the prosecutor filed at Mubende High court on Friday.
Through their lawyers, M/S Kiiza & Mugisha Advocates, the councillors argue that Mr Birivumbuka is conflicted, unfair and biased against the accused.
The councillors’ motion is based on an affidavit by the chairman of Kawula Ward in Mubende Municipality, Mr Fred Lutaaya, who questioned Mr Birivumbuka’s impartiality yet he chaired negotiations between Mr Kaweesi and the residents.
“On August 1, 2018, I attended a meeting in the office of the Director of Public Prosecutions in Mubende that was chaired by Mr Birivumbuka in which he tried to convince residents to endorse Mr George Kaweesi’s project on the land.”
“I know that Mr Birivumbuka is an interested party arising from his participation in the negotiations that preceded the massive evictions between the October 7 and 12, 2018,” Mr Lutaaya said, adding that Mr Birivumbuka was not fit and proper to prosecute the applicants’ criminal case.
Speaking to Sunday Monitor, Mr Eron Kiiza of Kiiza & Mugisha Advocates said his clients decided to petition court after Mr Birivumbuka declined a request to disqualify himself from the trial.
“Article 28 and Article 120 of the Constitution enjoins the DPP to consider public interest and in the interest of justice in doing his work related to prosecution,” Mr Eron Kiiza said, adding that Mr Birivumbuka’s involvement in the trial would deny his clients a fair trial.
On trial
Councillor Nantubiro and 27 others are on trial for murder, attempted murder and aggravated robbery.
All the accused are on remand at Kaweri and Muinaina government prisons in Mubende. The trial is expected to commence tomorrow before Justice Anthony Oyuko Ojok.
