Warning: Trying to access array offset on value of type bool in /usr/www/users/urnnet/a/story.php on line 43
State: Ariong Murder Trial Should Proceed :: Uganda Radionetwork
Breaking

State: Ariong Murder Trial Should Proceed

The state this morning asked court to dismiss an application filed by opposition politicians seeking to halt the trial in which they are accused of managing an unlawful assembly in the city that led to the death of police officer John Michael Ariong.

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /usr/www/users/urnnet/a/story.php on line 663
The state this morning asked court to dismiss an application filed by opposition politicians seeking to halt the trial in which they are accused of managing an unlawful assembly in the city that led to the death of police officer John Michael Ariong.

 

The politicians, who are 15 in number, include FDC party leader Dr Kizza Besigye and Erias Lukwago, the Kampala City Lord Mayor among others.

 

State prosecutor Martin Rukundo told Buganda Road Court presided over by Chief Magistrate Mary Eleanor Khainza that none of the accused persons is a party to the constitutional petition No. 32 of 2012, which they have cited as a basis to halting their trial before asking court to proceed with the case.

 

Rukundo further argued that the sections cited in the constitutional petition by the accused persons are not applicable to the current case and therefore do not affect their trial.

 

The state’s submissions follow last week’s request by the opposition leaders to halt their trial until the determination of the constitutional petition No.32 of 2012 filed by Mathias Mpuuga, Masaka Municipality legislator and Muwanga Kivumbi, a Democratic Party official.

 

The accused’s lawyer Ernest Kalibala argues that Mpuuga and Kivumbi are challenging the constitutionality of the charge of unlawful society, which charge the politicians are facing and that it’s normal practice to first halt their trial pending the outcome of the petition.

 

The sections of the Penal Code Act being challenged by Mpuuga and Kivumbi before the Constitutional Court include; 56, 57, 58, 59, 60, 61,62 and 63.The duo argues that these sections are inconsistent with the constitution which is the supreme law in the land and that they want the charge of unlawful assembly quashed from the law books.

 

Following these arguments by both sides, the presiding Magistrate will give her ruling on Thursday next week.

 

Prosecution alleges that on March 21, between Kafumbe- Mukasa Road, Namirembe Road and Mini-Price on Ben Kiwanuka Street, the accused formed an unlawful society with the purpose of inciting members of the public against the police thereby leading to the killing AIP Ariong.

 

The state alleges that the accused persons on the same date formed an unlawful society for the purpose of inciting the disturbance to the peace and order leading to the injuring of two other police officers, AIP Wabwire and Police Constable Julius Olweny.

 

The group was arrested after a city road inspection tour led by Lukwago turned into demonstration in the city’s Ben Kiwanuka Street leaving Ariong killed.

Mpuuga and Kivumbi were prompted to file the constitutional application following the recent banning of opposition pressure groups Activists for Change (A4C) and For God and My Country (4GC) by Attorney General Peter Nyombi. The Attorney General argued that their activities were criminal.

 

The duo, however, argues that the constitution provides for freedom to assemble and to demonstrate together with others peacefully and unarmed, which matter they want the constitutional court to decide on.

Support us


Keywords