Besigye, Lukwago move to block Ariong murder trial
SOURCE; THE DAILY MONITOR, 28 JULY 2012
Dr Besigye (C) at the Buganda Road Court in Kampala, with his co-accused in April.
IN SUMMARY
They argue that the criminal matter against them should be halted until the Constitutional Court determines an application challenging the constitutionality of the charge of unlawful society.
Opposition leaders including Dr Kizza Besigye (Forum for Democratic president) and Erias Lukwago (Kampala City Lord Mayor), on Thursday asked Buganda Road Court to halt the case in which they are accused of managing unlawful assembly that led to the death of police officer John Michael Ariong, in March this year.
Through their lawyer, Ernest Kalibala, the 15 suspects argue that the criminal matter against them should first be halted until the Constitutional Court determines an application No. 32 of 2012, filed by Mathias Mpuuga (MP Masaka Municipality) and Muwanga Kivumbi.
Mr Kalibala explained to court presided over by Chief Magistrate Mary Eleanor Khainza that Mr Mpuuga and Mr Kivumbi are challenging the constitutionality of the charge of unlawful society, which charge he said is similar to what his clients are facing.
He submitted that with such an application before the Constitution Court, it would be prudent and a normal practice to first stop this trial until such a time when a decision is taken either for or against their application.
The sections of the Penal Code Act that are being challenged by Mr Mpuuga and Mr Kivumbi before the Constitutional Court include; 56, 57, 58, 59, 60, 61,62 and 63.
These sections among others explain the charge of unlawful society, managing unlawful society and offences in relation to an unlawful society.
In particular, Section 57 provides that any person who manages unlawful society commits a felony and is liable to imprisonment for seven years.
Mr Kalibala further submitted that the petitioners (Mr Mpuuga and Mr Kivumbi) argue that these sections of the Penal Code are inconsistent with the Constitution, and that they want the charge of unlawful assembly quashed from the law books.
Mr Kalibala further submitted that the petitioners (Mr Mpuuga and Mr Kivumbi) argue that these sections of the Penal Code are inconsistent with the Constitution, and that they want the charge of unlawful assembly quashed from the law books.
Mr Mpuuga and Mr Kivumbi were prompted to file the constitutional application following the recent banning of opposition pressure groups Activists for Change (A4C) and For God and My Country (4GC) by Attorney General Peter Nyombi, saying their activities were criminal.
However, the duo argues that the Constitution, which is the supreme law of the land, provides for freedom of assembly and to demonstrate together with others peacefully and unarmed.
However, the duo argues that the Constitution, which is the supreme law of the land, provides for freedom of assembly and to demonstrate together with others peacefully and unarmed.
The state prosecutor in this case, Mr Martin Rukundo, could not reply to this application made by Mr Kalibala, saying he needed time to peruse through the application before he can reply.
Subsequently, Magistrate Khainza adjourned the matter to Tuesday next week when the State will make its reply.
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