High Court Denies Three-Month Adjournment in Mukulu Trial, Demands Witnesses

The High Court has denied a prosecution request to adjourn the ongoing trial of alleged ADF-linked terrorism and murder suspects for three months. The prosecution had sought the extended delay, citing the absence of six scheduled witnesses.

The trial, which recommenced on Monday, September 21, reached its third day on Wednesday with no witnesses having testified. Assistant Director of Public Prosecutions, Thomas Jatiko, and Richard Birivumbuka, representing the state, informed the court of their need to secure the witnesses and requested a substantial adjournment.

The defense team, led by Henry Kunya, strongly opposed the adjournment. A four-member judicial panel then deliberated on whether the prosecution had presented sufficient grounds to justify further delays.

In its ruling, the panel instructed the prosecution to produce its witnesses on Thursday, either in person or remotely via Zoom. Justice Mike Elubu, heading the panel, emphasized the significant time and resources dedicated to trial sessions and the court’s obligation to prevent undue delays and abuse of the legal process.

The judges referenced Article 28 of the Constitution and Section 17 of the Judicature Act, both of which mandate fair and expeditious hearings. They further cautioned that failure to present witnesses on Thursday could lead to the invocation of measures under the Trial on Indictments Act, potentially including granting bail to the accused or ordering the prosecution to close its case.

Mukulu and his co-accused face serious charges, including terrorism and murder, stemming from alleged activities connected to the Allied Democratic Forces (ADF). The case is scheduled to continue on Thursday, September 24, with expectations that the prosecution will finally present its witnesses.

The trial is being heard by a panel led by Justice Mike Elubu, with Justice Susan Okalany as deputy, Justice Stephen Mubiru as the third member, and Justice Andrew Bashaija as an alternate judge.

Source: Nile Post