Malende protested the slow pace in the investigations by the state, arguing that it has unduly subjected the accused persons to prolonged remand sentences.
Shamim Malende,
the lawyer of Allan Ssewanyana and Muhammad Ssegirinya is protesting the
delayed investigations into fresh murder charges against the MPs.
On
Wednesday, Malende represented the two MPs who were appearing before the Masaka
Grade One Magistrate Christine Nantege, for further mention of additional
murder charges and to receive updates on the progress of investigations.
She protested
the slow pace in the investigations by the state, arguing that it has
unduly subjected the accused persons to prolonged remand sentences.
Earlier on Richard Birivumbuka, the Chief Resident State Attorney asked the court
for more time to allow police to complete their investigations into the offenses
against the suspects.
The prosecution alleges that in August last year, the two MPs and their accomplices
participated in the murder of Joseph Bwanika who was a resident of Kisekka B
village, Kisekka sub-county in Lwengo district.
But
Birivumbuka told the court that investigations were still incomplete to have the
suspects committed to the High Court for trial.
However,
Malende questioned why the suspects are still being kept in prison in yet the
state lacks the required evidence to pin them on the offenses.
Malende
accused the state of deliberately dragging in investigations with intentions of
persecuting the suspects, through detaining them on remand for long despite their
poor health conditions.
The two MPs
were re-arrested in September shortly after being released on bail. The state
preferred against them fresh charges of murder in addition to seven counts of
murder and terrorism for they were earlier charged with.
Malende
argues that ever the MPs were rearrested, the state has failed to adduce
evidence that would lead to their prosecution which is against the principle of
expeditious delivery of justice.
//Cue in: “it is unfortunate…..
Cue out; ….will be respected.”//
Luganda
//Cue in: “omanyi kati awo….
Cue out; …..ffenna kyetwandibaddeko.”//
She also
complained to the court of the continued contempt of the previous court orders by
the prison authorities who were instructed to allow the suspects access to private
health services providers.
According to
Malende the two MPa was diagnosed with acute health conditions of
Renal-failure, acute diabetes, and hypertension that cannot be effectively
managed at Kigo Prison facilities where they are kept.
However, in
his response, Birivumbuka told the court that they are still operating within
the six-month period within which investigations can be done before a suspect
is granted mandatory bail by the court.
He denied
any knowledge of any violation of court orders by prison authorities arguing
that accused persons and their lawyers have not formally informed him of the
said abuses.
Nantege advised Malende to seek the intervention of the
Human Rights Commission if she is not contented with how her clients are being
treated in prison. Court also asked the state to speed up
investigations in the matter.
