Court assessors shun Muslim clerics trial
Accused. Sheikh Yunus Kamoga with other suspects after the hearing of the murder case filed against them following the death of various Muslim leaders in the country. PHOTO BY MICHAEL KAKUMIRIZI
What you need to know:
- No show. The lead judge, Justice Ezekiel Muhanguzi, adjourned the trial to January 31 after State prosecutor Lino Aguzu told him that the assessors were absent and that he only had one witness, not three as previously promised.
- These include; Ssonko Najib, Bahiga Mustaphar, Umar Swadiq, Ibrahim Hassan Kirya, Mahamood Kibaate, Haruna Jemba and Omulagira Kassim Nakibinge who were members of a public or private institution.
KAMPALA. The three court assessors in the murder and terrorism trial of 14 Muslim leaders, including leader of Tabliq Sect Sheikh Yunus Kamoga, yesterday did not show up at court and did not explain why.
The lead judge, Justice Ezekiel Muhanguzi, adjourned the trial to January 31 after State prosecutor Lino Aguzu told him that the assessors were absent and that he only had one witness, not three as previously promised.
Assessors are lay people without legal training. They are provided for under criminal trials to give an ordinary person’s view but their opinions are not legally binding on the judge’s final verdict.
“It is unfortunate that until now at 10:40am none of the assessors has come to court with no explanation and today’s hearing cannot go on without them. The State has only brought one witness. We need to investigate what could have been the problem,” Justice Muhanguzi ruled and adjourned the trial.
The assessors are Judith Muhairwe, Ahmed Ddumba and Yiga Sseguya.
After the court session, one of the defence lawyers, Mr Fred Muwema, expressed fear that the case would be frustrated because of the prosecution failing to bring witnesses and the government failing to pay assessors.
“We are extremely disappointed with the whole system and with this situation where the chairman of the panel Justice Muhanguzi has to retire next month, the process of getting a new judge may take a long time,” Mr Muwema said.
“We have heard that the assessors have not been paid since last year. That could be the reason they have not come, but it is not our responsibility to pay them,” he added.
The claim of unpaid arrears for the assessors could not be independently verified.
However, the High Court registrar, Mr Isaac Muwata, told Daily Monitor by telephone that there was money for assessors, adding that he would be surprised if they had not been paid.
Prosecution alleges that the 14 suspects and others still at large, between December 2013 and June 2015 in Kampala and Wakiso districts, with intent to intimidate the public or a section of the public and for a political, religious, social or economic aim, indiscriminately directly involved themselves or were complicit in the attempted or threatened to murder or attack other Muslim leaders.
These include; Ssonko Najib, Bahiga Mustaphar, Umar Swadiq, Ibrahim Hassan Kirya, Mahamood Kibaate, Haruna Jemba and Omulagira Kassim Nakibinge who were members of a public or private institution.
It is further alleged that the accused’s actions caused the unlawful death of Sheikh Bahiga who was shot dead at Bwebajja on Entebbe Road; and Sheikh Hassan Kirya, who was killed in Bweyogerere near Kampala.
