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Nabweru Magistrate Clarifies Bail Terms for Kaweesi Murder Suspects

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The Nabweru Grade one Magistrate, George Mfitundinda granted the trio bail on May 10, 2019 but they were returned to Luzira Prisons. Their continued detention stemmed from the confusion on their bail terms.
12 Sep 2019 18:16
Three of the eight Kaweesi Murder Suspects Charged with Forgery of Identification Cards appearing in Nabweru Court.
The Nabweru Grade one Magistrate, George Mfitundinda has clarified the bail terms of three Kaweesi murder suspects. The suspects are Noordin Aramathan Higenyi, a money changer, Bruhan Balyejusa alias Masiga, a Boda Boda Rider and Shafiq Kasujja, a Graphics Designer.

The group was dragged before the Nabweru Grade one Magistrate on two counts of unlawful custody of National Identity cards belonging to another person and unlawful production of National Identity cards. The Nabweru Grade one Magistrate, George Mfitundinda granted the trio bail on May 10, 2019 but they were returned to Luzira Prisons. Their continued detention stemmed from the confusion on their bail terms.

 

While the prison authorities argued that Mfitundinda granted the suspects cash bail of Shillings 6 million, court records showed the bond was non-cash. As a result, Luzira Prison authorities decided to keep the suspects pending clarification from the trial magistrate.  

On Thursday afternoon, Mfitundinda noted that he released the suspects on cash bond of Shillings 6 million. He explained that the confusion stemmed from an error in the typed ruling that was handed to the suspect’s Lawyer, Anthony Wameli indicating that his clients had been granted non-cash bond.

"The error in a typed ruling cannot override what was announced in this open court", said Mfitundinda. He cited provision in the Civil Procedure Act, which he said allows clarification of mathematical, grammatical or typing errors by the trial Magistrate.

He stressed that the accused are free to regain their temporary freedom on condition that they pay the bond fees. Earlier the suspects through their Lawyer, Godfrey Turyamusiima had asked court to dismiss their charges on grounds that prosecution is not ready to start their trial.

However, the Magistrate overruled his prayer and gave the State one last chance.  It came after the State Attorney, Chris Kahigo told court that he was sitting in for his sick colleague. Prosecution alleges that while at Nasser Road in March, 2017, Shafiq Kasujja unlawfully designed and printed a National Identity card in the names of Andrew Kwesiga. 

The forged ID was later found with Higenyi Noordin Aramathan. The prosecution further contends that about the same time Bruhan Balyejusa alias was found in unlawful possession of four National IDs purportedly belonging to two of his co accused and John Bwambale and Richard Toddy. The suspects appeared in court amidst heavy security deployment.  

The three were part of the eight other suspects who appeared before the International Crimes Division of High Court in Kololo on Wednesday and were granted bail in regards to the charges of terrorism and murder stemming from the assassination of former Police Spokesperson, Andrew Felix Kaweesi.  

 

However, three suspects were re-arrested by joint security operatives and driven to unknown the decision. The case will now return to court on September, 26th, 2019.