Ariong murder: Court halts Besigye, Lukwago trial
Posted Tuesday, March 5 2013 at 14:30
Buganda Road Court Chief Magistrate, Ms Eleanor Mary Khainza Tuesday halted the hearing of a case in which opposition politicians including the former president of Forum for Democratic Change Dr Kizza Besigye and Kampala Mayor Erias Lukwago are accused of managing an unlawful assembly that led to the death Assistant Inspector of Police John Michael Ariong.
Ms Khainza decided to stay the trial until the Constitutional Court pronounces itself on a petition the accused filed challenging the legality of Sections 56 to 64 of the Penal Code Act, under which they are charged.
“This court has agreed to stay this trial because it concurs with the argument of the accused that some sections they complained about put into question the constitutionality of the provisions under which they are charged,” Ms Khainza said.
In their petition filed before the Constitutional Court, the accused argue that they have a right to assemble and address national issues.
Ms Khainza made the ruling in the absence of one of the accused, Dr Besigye who failed to appear in court, because he was arrested by police in the morning on his way to board a taxi to court.
Prosecution alleges that on March 21, 2012 between Kafumbe- Mukasa Road, Namirembe Road and Mini-Price on Ben Kiwanuka Street, the accused formed unlawful society with the purpose of inciting members of the public against the Police thereby leading to the killing of Ariong.
The state alleges that accused persons on the same date formed unlawful society for the purpose of inciting the disturbance to the peace and order leading to the injuring of AIP Wabwire.