Civil Division Judge Phillip Odoki has issued the order saying that if the application seeking to have the suspects produced in court is not heard urgently, there is a likelihood of continuous infringement of the suspects' constitutional right to liberty since they have been in detention for more than 48 hours.
A statement from the Judiciary shows that the court will handle 22 appeals against conviction for aggravated defilement, 14 for murder, three are for aggravated robbery and one for rape. Most of the appeals arise from judgments issued between 2010 and 2016.
They were allegedly hired by one Richard Ssebina alias Sekitoleko to kill his brother Musa Katinda Bisaso, 45, a resident of Tweyanze village in Katikamu Sub County in Luweero district. Bisaaso was shot dead on the night of August 28, after being tricked to come out of his house by unknown callers.
The Defence team has maintained that Bagyenda was mentally unstable by the time he committed the alleged crime and is thus, not liable for his actions under the law. The three Defence witnesses presented before the court all maintained that Bagyenda suffered from depression before and after the offence was committed.
Their lawyers led by Geoffrey Turyamusiima on Thursday told Nakawa Grade one Magistrates Court presided over by Ponsiano Odwori that the office of the DPP has been sending new prosecutors for the case which is a plan to delay Justice for his clients.
State prosecutor Elizabeth Namatovu opposed the appeal arguing that the Directorate of Public Prosecution's sole argument is that there was nothing like accidental acceleration when Nsenga was entering her matrimonial home.