High Court in Kasese has dismissed fourteen criminal cases due to lack of
include ten cases of aggravated defilement, two rape cases and two cases of
cases were dismissed by Fort Portal High Court judge Wilson Masalu Musene during
a two-week high court criminal session.
decision was arrived at after Resident State Attorney Filbert Murungi failed to
produce witnesses to testify against the accused persons.
Murungi had sought for an adjournment to enable him produce witnesses in the
next session, defense counsel Chan Masereka and Luke Kanyonyi argued that most
of the cases had already been adjourned three times an indication that
prosecution does not have any evidence pinning the accused.
Justice Masalu Musene concurred with defense counsel and discontinued
said that most of the offenses had been committed in 2016 and 2017 and it is in
the interest of justice that they are granted their freedom if prosecution has
failed to prove its case against the accused.
however accused prosecution and police for doing vague investigations and or
failing to trace down the witnesses so that they testify in court for cases to
be heard to logical conclusions.
//Cue in: “You can keep….”
Cue out: “…there are no witnesses.”//
Murungi said the bigger challenge arises from the community where members from
the victim’s family connive with member’s from the accused family to frustrate
the court cases.
Murungi said this is common with defilement cases where the family of the
accused compromises the family of the victim.
//Cue in: “The reasons why….”
Cue out: “…. come and testify.”//
Murungi appealed to residents of Kasese to always work with courts of law so as
to bring to justice offenders of the law.