KAMPALA – The International Crimes Division of the High Court has set August 30 to deliver its ruling on whether DPP’s disclosed evidence is adequate to sustain Terrorism charges against the jailed former ADF leader Jamilu Mukulu.
The pre-trial Judge Eva Luswata set the date after the hearing of the submissions from both the state and defence lawyers in regards to the evidence failed to kick off.
The defence lawyers asked court for more time to file their response to the prosecution’s submissions.
The judge has now given them timelines within which to file and serve on each other written submissions on which she will base her ruling.
According to the rules of the International Crimes Division court, this stage of the trial is called confirmation of charges hearing and at the end of it, if the judge is satisfied that prosecution’s evidence is strong enough to sustain the charges against the accused, she will forward the case file to a panel of 3 justices for trial; whereas if she finds the evidence inadequate and wanting, she may acquit the suspects.
Mr. Mukulu and 37 others including a woman are facing trial over alleged 20 counts of rebel activities against the government of Uganda including; Terrorism, murder, aggravated robbery, attempted murder and belonging to a Terrorism group-ADF.
Mr. Mukulu is accused of launching a rebellion when he formed ADF out of remnants of the National Army for the Liberation of Uganda, terrorizing people in Western Uganda areas of Rwenzori.
The group is accused of masterminding an attack on Kichwamba Technical Institute in 1998, burning it and causing the death of over 80 students of the institute.
The prosecution also alleges that Mr. Mukulu masterminded the killing of various Muslim Sheikhs in Uganda between 2013 and 2015.
Prosecution’s indictment before court, introduces Mukulu as the leader of ADF and Salaf Muslim community in Uganda who would give orders to his 37 co-suspects to commit murders and robberies in various districts like Bugiri, Tororo, Namayingo, Kampala, Wakiso, Jinja, Mbale and Budaka among others.
Mr. Mukulu is also indicted for the murder of 2 sheikhs; Dakitoor Muwaya and Yunus Abubakar Mandanga in Mayuge and Bugiri districts respectively and the murder of 2 police officers Muzamir Babale and Karim Tenywa from Bugiri police station.
Meanwhile, Justice Luswata has refused to summon the Commissioner General for prison’s Johnson Byabashaijja to explain why a sickly suspect Musa Muku Donchu Nabangi has not Received treatment despite serious injuries he allegedly sustained on the arrest.
Defence lawyers wanted Byabasahaijja to explain why despite repeated court orders, no assistance has been given to the inmate.