Mukulu case: defence lawyers threaten to demand for dismissal

Jamilu Mukulu, ex-ADF rebel leader was extradited from Tanzania in April 2015.His defense lawyers representing 38 suspects threaten to file for dismissal

The defense lawyers representing 38 suspects including remanded rebel leader of the Allied Democratic Forces (ADF), Jamil Mukulu, have threatened to demand for dismissal of the case over excessive delay of the pre-trial hearing.

The accused lawyers Mr Caleb Alaka, Evans Ochieng and Luyimbazi Nalukola blamed the office of Directorate of Public Prosecutions (DPP) for failing to meet the rules set to conclude the pre-trial hearing saying that most of their clients had spent more than four years without being prosecuted.

Judge Eva Luswata of the International Crimes Division of the High Court

The group appeared before a single Judge Eva Luswata of the International Crimes Division of the High Court under tight security.

“We are putting court on notice that next time we appear and there is no meaningful business, we shall demand that the matter be dismissed,” Counsel Ochieng argued.

However the prosecution side led by Principals State Attorney Thomas Jatiko, responded to the defense’s plea that before they can conclude the disclosure process, there is need for the court to hear their application in which they are seeking for special measures.

Justice Luswata, in her brief ruling, concurred with the defence lawyers submissions over the state’s delay before ordering the prosecution to argue their application immediately but in camera.

Court also heard that the three missing suspects including Ugandan heart specialist based in Australia, Dr Aggrey Kiyingi, Kawule Muzafaru and Sheikh Swaluhudin Wabwire are still on the run however they will be dropped from the amended charge sheet.

Lawyers Evans Ochieng (left) and Ambrose Tebyasa of Ochieng Associated Advocates and Solicitors smile at Civil Court located at the Twed Towers.

The pre-trial hearing has been adjourned to July 20.

Mukulu is accused of launching a rebellion when he formed ADF out of remnants of the National Army for the Liberation of Uganda (NALU), terrorising people in Western Uganda areas of Rwenzori leading to death of many.

He faces charges ranging from terrorism, seven counts of murder, nine counts of aggravated robbery, one count of aiding and abetting terrorism, one count of crimes against humanity, four counts of attempted murder and one count of belonging to a terrorist organisation.



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