The International Crimes Division of the High Court has dismissed an application filed by jailed Members of Parliament Muhammad Ssegirinya and Allan Ssewanyana seeking constitutional position on consolidating cases and disclosure of State witness under protection.
Earlier this week, lawyers to the accused including Shamim Malende and Erias Lukwago applied for the Constitutional Court interpretation of on the two applications.
The lawyers led by Erias Lukwago prayed that two files be referred to the Constitutional Court to nullify the witness protection order because it contradicts Article 28 of the Constitution that provides for any person with a criminal offence to be given adequate time and facilities to defend him.
The lawyers also filed another application objecting to parallel trials at two separate high courts on grounds that the charges stem from murders in the same region.
The charges were slapped on the group following machete killings between March and June 2021 in the Greater Masaka Region.
As a result, the Masaka file containing terrorism charges was separated from the Lwengo file of murder, and all the seven suspects in the terrorism case were committed to the International Crimes Division to face trial.
Prosecution led by Joseph Kyomuhendo and Richard Birivumbuka asked the Court to dismiss the application arguing that it was a disguised appeal meant to delay the trial of the accused persons and that the protection of witnesses does not in any way require constitutional review.
The Court presided over by Lady Justice Alice Komuhangi Khauka on Thursday dismissed the application saying that it lacked merit and that there was nothing Constitutional for the Constitutional Court to interpret.
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