WAKISO – Nabweru magistrate Mr George Mfitundinda has dismissed charges of forgery against the three suspects in the murder of former police spokesperson Andrew Felix Kaweesi, driver and his bodyguard for lack of powers to try them.
The trial magistrate ruled that Section 34 of the Magistrate’s Court Act states that all charges should be tried by the court with jurisdiction, however, taking a look at the offence they were committed from different areas and not in Nabweru.
The three including Noordin Higenyi also known as Taata Abdallazak, Abdurashid Mbaziira and Bruhan Balyejusa had on October 16 appeared before a grade one magistrate at Nabweru Court, Mr George Mfitundinda for the hearing of the case in which they are accused of procuring National IDs in other people’s names.
Court agreed with the defence lawyers that Nabweru court has no jurisdiction to try them since the offences against them were allegedly committed in Mpondwe boarder Post in Kasese District and Nasser Road in Kampala and thus they cannot be tried in Nabweru.
“I, therefore, dismiss the charges because the offenses were not committed from Nabweru. The accused persons are hereby set free unless they are held on other charges,” he added.
However, Higenyi was further remanded to Luzira prison as he is still facing a charge of aggravated child trafficking in Mukono Court and was committed to high court for trial.
The heard Prosecution alleged that Shafiq Kasujja while at Nasser Road in March 2017, unlawfully designed and printed a National Identification Card in the names of Andrew Kwesiga which was later found with Higenyi Noordin Aramathan.
The Prosecution further stated that Bruhan Balyejusa also known as Masiga in the same time was found unlawfully possessing four National Identification Cards.
The said Identification Cards reportedly belonged two of his co-accused and others were for a one John Bwambale and Richard Toddy.