The trial of 12 suspects of the Kampala twin bombings was yesterday halted to allow the Constitutional Court address their grievances regarding the legality of their prosecution.
High Court Judge Alfonse Chigamoy Owiny-Dollo said a petition raising issues of illegality pending disposal by the Constitutional Court was brought before him, adding that he would be failing in his sworn duty to do justice if he looked the other way
“ I think the balance of convenience lies in staying my hand other than proceeding with this trial for fear of the possible order directing a halt thereto, after much resources, time and energy which could have been usefully applied elsewhere have been sunk in such a process,” held the judge adding.
No extradition
“Accordingly, this trial is stayed until such further orders as shall come from the Constitutional Court in that regard. I so order.” In a petition filed before the Constitutional Court on Tuesday, the suspects are among others, contesting the manner in which they were brought to Uganda from their respective countries of Kenya and Tanzania without any extradition order issued by a competent court, which act they say is unconstitutional.
“Accordingly, this trial is stayed until such further orders as shall come from the Constitutional Court in that regard. I so order.” In a petition filed before the Constitutional Court on Tuesday, the suspects are among others, contesting the manner in which they were brought to Uganda from their respective countries of Kenya and Tanzania without any extradition order issued by a competent court, which act they say is unconstitutional.
The suspects are accused of being behind two bomb blasts at the Kyadondo Rugby Club and Ethiopian Village Restaurant, Kabalagala, Kampala on July 11, 2010. At least 80 revellers watching the football World Cup finals were killed and scores injured in the blast.
Responding to the complaint raised by the suspects faulting the Chief Justice for unconstitutionally instituting the International Crimes Division of the High Court, formerly the War Crimes Division to try them, Judge Owiny-Dollo yesterday said they are not being tried under that very court but they face trial over alleged cross border offences.
The suspects also say following their arrests, they were interrogated and ill-treated at various police stations, Rapid Response Unit in Kireka and other unknown places.
They claim the ill-treatment was at the hands of intelligence officers from Kenya, Tanzania, Uganda, USA and United Kingdom, which act they say, contravenes the Constitution.
The suspects are also complaining about the decision by the Director of Public Prosecutions seeking to use confession statements obtained from some of them through trickery, force and torture.
The senior principal state attorney, Ms Joan Kagezi, assisted by Lino Anguzu unsuccessfully opposed the stay of these proceedings, arguing that the accused had not presented to the court any order from the Constitutional Court stopping their trial, hence there was no basis for halting it.
In September, the Director of Public Prosecutions, Mr Richard Butera, lost interest in prosecuting five suspects including a Kenyan human rights activist Al-Amin Kimathi citing lack of evidence.
Mr Kimathi had come to Uganda to advise the suspects for being illegally extradited from Kenya and Tanzania without a court order. The suspects are facing various charges of murder, attempted murder and terrorism.
The Somalia-based al-Shabaab terrorist group claimed responsibility for the bombing. The insurgents accused Uganda of sending its troops to Somalia to help in the UN-backed government in its fight against them.
awesaka@ug.nationmedia.com
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