In the application, the prosecutors prayed to have delayed disclosure of the identities of those witnesses, limiting the number of people to access the information and keeping the log of persons handling information related to those witnesses.
The
International Crimes Division of the High Court in Kampala has dismissed an application
in which the lawyers representing Kawempe North Member of Parliament Muhammad
Ssegirinya and his Makindye West counterpart Allan Ssewanyana wanted to be part
of the application seeking to protect prosecution witnesses.
The MPs are jointly charged with five others for murder, attempted murder,
aiding, and abetting terrorism arising from their alleged involvement in the
greater Masaka district machete killings which occurred between
March and June 2021 and claimed more than 20 people and left scores injured.
The others are Jude Muwonge, Jackson Kanyike, John Mugerwa,
Bull Wamala, and Mike Sserwadda.
But
a few weeks ago, the prosecutors led by Joseph Kyomuhendo and Richard
Birivumbuka filed an exparte application for non-disclosure of the identities
of 17 witnesses they intend to rely on to prosecute the accused persons of the
crimes against them.
In the
application, the prosecutors prayed to have delayed disclosure of the
identities of those witnesses, limiting the number of people to access the
information and keeping the log of persons handling information related to
those witnesses.
According to the Assistant Director of Public Prosecutions Thomas Jatiko who
swore an affidavit supporting the application, some of the witnesses have
expressed fears because they have allegedly been threatened and intimidated due
to their perceived association with the investigation and prosecution of this
case.
Jatiko noted that
disclosing their identities at this stage is most likely to compromise their
safety and their well-being as well as that of their close associates because
some of the accomplices in the case are still on run.
He indicated
that some of the accused persons are very influential members of the society
with the capacity to interfere with the witness and that the state doesn't have
sufficient resources to employ witness protective measures for a longer time if
the identities are revealed at this stage of the Pretrial hearing.
Jatiko asked
the court to grant them permission to proceed exparte and have the identities not
revealed at this stage to the defense lawyers.
The suspects’
lawyer Medard Lubega Sseggona made submissions to the court requesting to
be part of the application saying the ex parte application violates their rights
to a fair hearing.
Sseggona
asked Court to direct the prosecutors to avail them with a copy of the witness
protection application adding that as defense lawyers, they are also officers
of the court and equal parties together with the prosecution and are willing to
abide by any conditions that the Court will impose.
But the
prosecutors insisted that according to the High Court Rules, an application
aiming at protecting the witnesses must be ex parte.
They
contended that availing the witness protection application to the defense at
this stage of the pretrial hearing will prejudice the safety of witnesses and the prosecution case.
On Monday, International Crimes Judge Alice Komuhangi Khauka agreed with the prosecution
that allowing the accused persons to access the witness protection
application will be in violation of the rules and principles of the High Court and
International Crime Division.
"It
would therefore mean that the Court has miserably failed in its duty to
ensure that the safety and wellbeing of the witnesses are not compromised.
The application before me is to determine whether the prosecution should
disclose at this stage of the Pretrial and how the disclosure should be
effected and cannot, therefore, be inter parties", said Komuhangi.
Komuhangi
added that the rules governing the International Crimes Division of the
High Court provide for a mandatory ex parte application for witness
protection and that even if the defense lawyers are the ones who had filed it,
she would also grant it the same way.
"I also hold the view that the duty to protect witnesses is not only
limited to prosecution witnesses. It extends to the protection of the witnesses
of the accused persons in the event there is a need. Even if the exparte
application was made by defense counsel to have witnesses for the accused
persons protected, I would treat it in the same way because I have a duty to do
so", added Komuhangi.
Komuhangi, fixed
the ex-parte application for 17 state witnesses for September
29, 2022.
One of the MPs’ lawyers Samuel Muyizzi Mulindwa said that the dismissal of their application
affects their preparation to challenge the prosecution evidence.
