KAMPALA – Six people accused of attacking a magistrate in the Stella Nyanzi case have asked Buganda Road Chief Magistrates’ Court to dismiss the case against them, arguing that it lacks merit.
The group, Simon Wanyera 28, Abdullah Waiswa 29, Augustine Ojobile 30, Joel Kabali 40, Fatuma Abalinabyo 34 and Moses Katumba alias Wesonga 37, were charged with inciting violence, malicious damage to property, contempt of court and common assault following Magistrate Gladys Kamasanyu’ ruling in August 2019 in which she sentenced Dr Nyanzi to 18 months in prison.
But their lawyers Isaac Ssemakadde and Erias Lukwago appealed to court to dismiss the case, arguing that the charges are vague while the prosecution has not been committed to prosecuting their case.
“Your honor, the charges are vague, this is because they don’t indicate who clearly threw a bottle to the said Magistrate, which obscene words were said, a time when the alleged crime was committed and which part of Buganda Road Court were the words said from,” Ssemakadde submitted.
He also wondered why prosecution has failed to adduce witnesses for seven months ever since the accused took plea in August last year.
“We, therefore, pray that this court is pleased to dismiss this case and set the accused free,” he said.
The court will deliver it’s ruling on April 3.
Prosecution alleges that the accused and others still at large on August 2, 2019, at Buganda Road Court incited court audience to do an act of violence against Kamasanyu by reason of her office.
All this happened as her worship Kamasanyu was passing an 18 months jail sentence to Nyanzi.
It is further alleged that the accused within the premises of the court in which a judicial proceeding was being heard, showed disrespect in speech manner to reference of the said proceedings and the magistrate presiding, by abusing her with obscene words and throwing a bottle of mineral water at her and making noise.
That kabali, Wanyera, Abalinabyo and others still at large willfully and unlawfully damaged a walk detector machine, the property of the government of Uganda.
Prosecution also asserts that Abalinabyo, on the same date commonly assaulted Kamasanyu, an act contrary to section 235 of the Penal Code Act.