The State Attorney Innocent Aleto told the court that the Prosecutor David Bisamunyu who has been handling the case and was expected to lead two witnesses had an accident at his home and was told to rest. Aleto thus asked the court for an adjournment.
Justice Mwondha also agreed with Rajiv’s lawyer that although he was ordered to pay a compensation of 556 million shillings on top of a custodial sentence, the monies cannot be obtained when he is in prison.
Prosecution led by Jonathan Muwaganya and David Bisamunyu told the court that the witnesses could not be produced in court because some were arrested on Wednesday by the Inspectorate of Government and remanded to Luzira Prisons.
Lawyer Caleb Alaka asked the court to refer the matter to the Constitutional Court to determine whether the protection of witnesses in a manner decided and ordered by the International Criminal Court does not contravene constitutional articles on the right to a fair hearing.
The Judiciary Public Relations Officer Jamson Karemani says out of the 148 cases they registered in the Court of Appeal, 121 cases have been concluded and judgments made, leaving 27 election appeals pending.
Kwoyelo faces charges related to rape, Kidnap, murder, enslavement, torture, imprisonment, and other inhumane acts such as hostage-taking and waging attacks on internally displaced camps in Northern Uganda and burning them down around 1987, 1993, 1996, 2003, and 2004.
"The DPP is an independent office unlike the military which is subject to direction, so Interference with that office through military prosecution destroys the root of our constitutional democracy and offends the right to a fair hearing which doesn't begin with court but the decision making process on whether and how to prosecute," said Alaka.
The question at the center of the debate is whether a sitting President who is protected from being sued can on the other hand sue under the same constitution that granted him immunity.
Article 98 clause 4 of the Constitution of the Republic of Uganda gives immunity to a sitting President not to be subjected to any court proceedings except in presidential election petitions.
Kahonda says that the petition filed by Godfrey Kahonaho before the Electoral Commission should not be heard and determined until an appeal challenging his nine-year sentence on charges of forgery and impersonation is determined.
Accordingly, Justice Mubiru advised the Defense lawyers who had labored much to explain the need for adjournment to either reconsider their decision or to make sure their request and plea-bargaining does not prolong the trial.
The legal team led by Evans Ochieng says that the matter of Glaser’s waning health was brought to the attention of the courts several times, as a ground for his bail application. However, the system kept him incarcerated well knowing that his life was at stake.
The Judge asked the relevancy of all the questions but he was told by Alaka that they want to prove that Akena died of surgical operation and once the Pathologist brings in his handwritten notes so that they compare with the final findings in the typed copy. Mubiru seemed bitter and said he was in charge of his court as the grilling of the witness had become uncontrollable and misguided because the Defense seemed unprepared ,according to him.
Basajjabalaba was dragged to court by Legal Brains Trust in 2012 on allegations of using government officials, Bank of Uganda and four commercial banks to facilitate theft of shillings 142 billion from the Consolidated Fund.