Mukulu; court set to rule on evidence

By Sania Babirye

The International Crimes Division of the High court has set 30th of August 2019 to deliver its ruling on whether the evidence disclosed by the Director of Public Prosecution is adequate enough to sustain the alleged Terrorism charges against the jailed former ADF leader Jamilu Mukulu and his 37 co-accussed.

This is after hearing of Mukulu’s pre trial concluded today before a single judge of the International crimes division of the high court Eva Luswata.

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 has 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 pre trial 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 and if so she forwards the case file to a panel of three justices for trial; and 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 has dismissed 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 terroism, murder , aggravated robbery , attempted murder and belonging to a Terrorism group-ADF.

The charges were read 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.

c Republic of Congo.