Jailed MPs Mohammed Ssegirinya and Allan Ssewanyana have taken the battle against prosecution's move to protect witness and have two parallel murder trial at both Kampala and Masaka to the Constitutional Court.
Today, the MPs through their legal defense team led by Kampala Lord Mayor Erias Lukwago have applied before the International Crimes Division of the Court sitting to have their case referred to the Constitutional Court for interpretation.
In their application, the National Unity Platform Party MPs say the said move is inconsistent and incontravention of their right to a fair hearing as enshrined in Articles 28, 42 and 44 of the Constitution.
Lukwago submitted before justice Alice Komuhangi that there their clients will not be able to ably defend themselves without fully knowing the intended evidence against them by the Prosecution.
The MPs now want the Constitutional Court to first pronounce itself on whether it is justifiable under the existing constitutional frame work to have such protection; whether it doesn't offend the right to a fair hearing and also determine the constitutional propriety of parall based on charges of similar facts all arising from the 14th/January/2021.
However Chief State Attorneys Richard Birivimbuka and Joseph Kyomuhendo have objected to the defence submissions and asked justice Alice Komuhangi to dismiss the MPs application for bringing it in bad faith.
The state claims that it is not true that nothing was disclosed to the accused persons; explaining that some exhibits and witness statements were served to the Defence Legal Team; adding that disclosing the 15 prosecution witnesses will be putting them at risk and that there's no way their protection Under the ICD rules contravene the constitution.
Court has set the 13th of this month to deliver it's ruling.
