KAMPALA- Mr Evans Ochieng, the lawyer to the nine Magara murder suspects, has on Thursday November 15 rejected the committal of his clients to the High Court to begin their trial.
The group had appeared in court for their committal to the High Court after state informing the Buganda Road Chief Magistrate’s court that investigations were complete and ready for prosecution.
However, Mr Ochieng opposed to the move saying that court cannot commit a non-existing person who is referred to as accused one (Patrick Agaba alias Pato) on the charge sheet who is still away in South Africa
“We have no problem for the accused to be committed to the High Court but one person is on the charge sheet yet he has never been presented in court, yet upon committal an accused is supposed to indicate the line of his defence by notifying court if he will call any witnesses,” Mr Ochieng said.
However, State prosecutor Ms Patricia Chingtho sought for an adjournment until November 19 to revise the indictment so that the nine are committed to the High Court.
The suspects are charged with two counts of murder and kidnap with intent to procure a ransom contrary to provisions of the Penal Code Act.
The prosecution states that the suspects in jail and others still at large on February 7, 2018, kidnapped Magara, a cashier with Bwendero Dairy Farm (BDF) with intent to procure a ransom or benefit from her liberation from the danger of being murdered.
The indictment further states that the accused later murdered Magara on February 27, 2018, at Kigo in Wakiso district.
Some of the suspects were arrested on April 27 in an operation at Usafi Mosque, Kiguli Village in Kisenyi III Parish in the capital Kampala, by a joint team of army and police. The operation started at about 9pm and two people were killed during the arrest.