The International Crimes Division of the High court has ruled that ADF leader Jamilu Mukulu and 37 others should defend themselves on charges of Terrorism .
Justice Eve Luswata has this afternoon ruled that the evidence disclosed by the Director of Public Prosecution is adequate enough to sustain the alleged Terrorism charges against Jamil Mukulu and his 37 co-accused .
And as a result, she has ruled that although the DPP has sufficient evidence to sustain the said charges, she is not id position right now to determine if the accused are guilty ordering that the accused should be tried so that state can prove the said charges against the accused.
She has now committed the accused to the International crimes division of the high court so that the case be heard by a panel of three justices.
This is after hearing of Mukulu's pre trial concluded in May this year.
During court proceedings, both the state and defense were meant to submit their intended evidence to prove or dis prove the alleged terrorism charges.
However this was not possible because both lawyers on both sides instead asked court to allow them more time in order to make meaningful submissions.
And as a result, justice Luswata ordered both sides to use the given time to file and serve each other written submissions and that she will use those written submissions to base on while ruling on the sufficiency of the evidence on both sides.
The pretrial hearing allows the judge to confirm the charges and for both the state and defense to present their evidence on which the judge bases on rule on whether prosecution's evidence is strong enough to sustain the charges against the accused thereafter she can forward the case file to a panel of three justices for trial;
If the judge rules that the evidence is not sufficient enough to sustain the charges, then she dismisses the charges and acquit the accused persons and set them free.
Meanwhile Justice Luswata did dismiss an application by the lawyers defending the accused in which they wanted court to summon the commissioner General of prison's Johnson Byabashaijja to explain why a sickly suspect Musa Muku Donchu Nabangi has not received treatment despite serious injuries he allegedly sustained while he was being arrested .
According to the defense lawyers led by Caleb Alaka, Byabasahaijja should have come to court and explain why the suspect has not been treated of his injuries despite repeated court orders for prisons to do so.
On the 11th of January 2019, the ICD court formally read charges to Mukulu and his 37 co accused.
These were officially charged with 20 counts including Terrorism, murder , aggravated robbery , attempted murder and belonging to a terrorism group-ADF.
The charges were red by the court registrar Sanyu Harriet Lukwago , in a court being presided over by a single judge of the International crimes division of the high court Eva Luswata.
According to the indictment Jamilu Mukulu is stated as the leader of ADF and Salaf Muslim community in Uganda.
The charge sheet further says that Mukulu gave orders to his 37 co-accused to commit murders and robberies in various districts like Bugiri, Tororo, Namayingo, Kampala, Wakiso, Jinja, Mbale and Budaka among others .
Mukulu is also indicted for the murder of 2 sheikhs; Dakitoor Muwaya and Yunus Abubakar Mandanga in Mayuge and Bugiri districts respectively and the murder of 2 police officers Muzamir Babale and Karim Tenywa from Bugiri police station .
The group is further said to have robbed guns, ammunition, a gold weighing machine , millions of money and attempting to take away the lives of many people.
Prosecution led by Asst. DPP John Baptist Asiimwe states that Mukulu and the group committed these offenses for either a social , political, economic or religious aim in order to instill fear and panic among the members of public and government at large .
Despite reading of the charges, the group was not allowed to take any plea because the case file will first have to be forwarded to a panel of three justices of the same court who will try the case.
The suspects are currently on remand at Luzira prison.
On the 15th of 2018 August 2018, the Director of Public Prosecutions finalized disclosing all its intended evidence and exhibits it will use to pin the former ADF leader Jamilu Mukulu and 37 on charges of terrorism to the defense team to help them prepare for their defense.
Jamilu Mukulu and 37 others including a woman are facing charges of terrorism , murder, crimes against humanity, aiding and abetting terrorism , attempted murder and aggravated robbery.
The group is linked to the famous murder of college students at Kichwamba Technical institute in 1998 , the spate of Muslim clerics murders that swept the country between 2015 -2016 and the murder of 2 police officers at Bugiri police station in Busoga.
Mukulu is said to have launched a rebellion against government in which he terrorized people in the Rwenzori region in Western Uganda before he established a base in the forests of DR. Congo.
In January this year, prosecution concluded its investigations into the case and transferred the case file from the Jinja magistrate court to the ICD court for trial in Kampala and also saw Mukulu transfered from Nalufenya detention in Jinja to Luzira Maximu. prison after he was arrested in April 2015 in neighboring Tanzania.
According to prosecution, Mukulu is said to have formed a rebellion the ruling against the government and terrorized people in Rwenzori region in western Uganda before he established his base in the eastern Democratic Republic of Congo.