Trial of Muslim clerics takes new twist as recused judge returns

KAMPALA. The trial of 19 suspects charged with plotting to overthrow the government on Wednesday took a new twist after a trial judge who had withdrawn from the case decided to return.
Justice Wilson Masalu Musene said he had returned to further handle the case in a bid to avoid wastage of government resources and also to deliver justice to the suspects.
The suspects, among whom are Muslim clerics already serving life imprisonment on other crimes, are facing two charges of treason and concealment of treason.
The suspects Amir Kinene and Sheikh Murta Bukenya were jointly convicted with former Tabliq leader Amir Umar Mohammed Yunus Kamoga for terrorism in August last year. They were sentenced to life imprisonment upon conviction on terrorism regarding the assassinations of Muslim clerics. They have since appealed against the conviction.
Among the suspects is Ms Aisha Nakasibante, an in-law to Australia-based Ugandan cardiologist, Dr Aggrey Kiyingi.
Other suspects are Hakim Kinene Muswaswa, Muzamilu Kasawuli, Arafat Serunjoji alias Buekenya, Alex Okot, Olanya Joseph alias Onekmon, Okidi Charles, RA 17019 Pte Arajab Mubaje alias Magombe Sulaiman, Matanda Issa aliasCharles, Haji Byamukama Abdul Ratif alias Tusiime, Ssemwogerere Asadu, Kibirige Solomon, Wadwali Safiyi alias Swafi Shafi, Yusuf Sentamu alias Kasibante, Muhamad Kolodo alias Kasibante, Ssentogo Ismail and Abonga Nick Frank alias Bongomin alias Joshua Alias Jossi.
Last week, Justice Musene excused himself from handling the case after a disagreement between lawyers from both government and those representing the suspects.

The disagreement resulted from a submission by the Directorate of Public Prosecutions (DPP) in which the state opted to withdraw the charges against the suspects.

Judge returns

During the court session today, Justice Musene said that he decided to hear the case up to its conclusion in order to save government resources by conducting a fresh trial.

"I have reflected on the consequences of pulling out from this case at this stage in which the accused have spent more than three years on remand. Such cases are what we refer to as backlog," he said.

Justice Musene said that since nine witnesses have so far testified, it would be unfair for the suspects, lawyers, relatives and the court staff who have been attending court for a long time.

Meanwhile, the court has adjourned the matter to May 7, 2018 for court for the prosecution to decide whether to continue with the hearing of the matter or for the defence lawyers to make submissions for court to decide whether the suspects have a case to answer or not.
Prosecution case

Particulars of the case indicate that between January 2013 and June 2015 at various places in Uganda including Kampala, Wakiso, Gulu, Kitgum, Rakai and Jinja districts and other places like Dubai in United Arab Emirates, Kenya and Tanzania, the suspects and others still at large contrived a plot to overturn the government by force and expressed such plot by utterances and overt acts.

The state alleges that during the same time, the suspects knowing that another person intended to commit treason did not give information thereof to the relevant authorities or use all reasonable endeavours to prevent commission of treason.

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