Buganda Road Court has this morning declined to halt the trial in which several opposition politicians including FDC leader Dr. Kizza Besigye and Kampala Mayor Erias Lukwago are accused of staging a demonstration in the city that led of death of police officer John Michael Ariong in March this year.
The opposition politicians had asked the court to halt their trial pending the outcome of the constitutional petition No.32 of 2012 that is challenging the charge of unlawful assembly, which charge they are facing.
This authority (constitutional petition No. 32 of 12) they were basing on and quoting, was filed by Mathias Mpuuga (MP Masaka Municipality) and Muwanga Kivumbi.
While ordering the 15 accused persons to face the trial, Chief Magistrate Mary Eleanor Khainza who concurred with the earlier submissions of the prosecution, noted that the sections cited in the constitutional petition No.32 of 2012, do not directly affect their case.
Magistrate Khainza ruled that the petition does not directly have relevancy under the charges they are facing.
Subsequently, the court went ahead to fix September 14 to start hearing the case.
Present in Court were; Dr Besigye, Mr Lukwago, FDC Women league chairperson Ingrid Turinawe, and Kawempe Division Mayor Haji Mubaraka Munyangwa. It was only Kampala Woman MP Nabilah Nagayi Ssepala, the other accused who was missing in court.
In the constitutional petition No. 32 of 2012, Mr Mpuuga and Mr Kivumbi are challenging sections; 56, 57, 58, 59, 60, 61,62 and 63 of the Penal Code Act that deal with unlawful society before the Constitutional Court.
The duo argues that these sections of PCA, are inconsistent with the constitution which is the supreme law in the land and that they want the charge of unlawful assembly quashed from the law books.
Prosecution alleges that on March 21, between Kafumbe- Mukasa Road, Namirembe Road and Mini-Price on Ben Kiwanuka Street formed unlawful society with the purpose of inciting members of the public against the Police thereby leading to the killing AIP 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.
According to the charge sheet, the state further alleges that the accused persons managed an unlawful society that led to the injuring of a police officer in line of duty Police Constable Julius Olweng.
The group was arrested following a botched city road inspection tour led by Lord Mayor, Lukwago turned into demonstration in the city’s Ben Kiwanuka Street which left policeman, Ariong killed.
