The International Crimes Division of the High Court has dismissed a petition to stay the criminal trial of two Members of Parliament (MPs) Allan Ssewanyana , Makindye West and Ssegirinya Muhammed Kawempe North.
In a ruling delivered on September 25, 2023, Judge Alice Komuhangi has instead advised the MPs to petition the Constitutional Court.
The two embattled MPs, along with others, face accusations of aiding and abetting terrorism in several Masaka villages in 2021. They had been in jail on remand for over a year before securing bail, and their trial has yet to commence.
The ruling was in response to an application brought under the Judicature Act and the Civil Procedure Act. The application sought a stay of criminal proceedings in the case against the MPs pending the determination of a constitutional petition.
The accused MPs had requested the consolidation of their case with another murder case in Masaka. However, the court denied this request in a previous ruling.
The recent application was filed by the MPs, arguing that the constitutional petition raises triable issues and has a high likelihood of success. They challenged the constitutionality of duplicate and concurrent charges in different courts and the restricted disclosure of evidence.
In her ruling, Judge Komuhangi stated that the constitutional petition was not frivolous and vexatious but raised issues worthy of consideration.
However, she found that the petition did not have a likelihood of success, as the Constitutional Court had already given guidance on the right to a fair hearing and pre-trial disclosure.
Judge Komuhangi, agreed that the constitutional court petition was not a waste of time but did not think it would be very successful. She pointed to earlier advice from the Constitutional Court about the right to a fair trial and sharing evidence before a trial starts.
The judge also looked at whether the MPs would be seriously harmed if the trial went ahead or if their constitutional petition would be pointless. She said the trial was still at an early stage and that it was unlikely they would be found guilty before the constitutional petition was decided.
Additionally, Judge Komuhangi thought about the trouble it would cause if the trial was paused. Other people accused in the case are still in jail and waiting for their trial to start. So, she decided not to pause the trial and suggested the MPs ask the Constitutional Court if they wanted to try to delay it.
This decision shows that legal cases with many charges can be complicated and that it’s important to balance the rights of the accused with protecting evidence and witnesses. It also highlights how the courts play a vital role in making sure trials are fair in complex cases.