Magistrates court has dismissed charges of forgery against three suspects in
the murder of former Police Spokesperson Andrew Felix Kaweesi.
The three suspects are; Bruhan Balyejusa, Shafiq Kasujja and Noordin Aramathan Higenyi.
Grade One Magistrate George Mfitundinda on Wednesday dismissed the charges on
grounds that Nabweru court lacks jurisdiction to hear the case.
noted that the alleged offences of unlawful production and keeping of National
Identification cards were committed in Mpondwe Border Post and Kampala Central
(Nassser Road) and thus the Magistrates Act bars them to be tried in other
areas other than where they were committed.
"Mpondwe and Kampala Central are out of jurisdictions of this court,
therefore i find that the two suspects Aramanzan Noordin Higenyi and
Shafiq Kasujja were wrongly charged before this honourable court," said
Concerning the third suspect, Bruhan Balyejusa who committed the offence from
Nabweru, the charges against him have been dismissed because the prosecution
erred in law by joining him on the same charge sheet with the two others.
in: "Criminal offences shall...
out...charges against them."//
Last month, the suspects’ lawyer Anthony Wameli filed an application
asking court to dismiss the charges on grounds that the Nabweru court has no
jurisdictions to try offences committed outside Kawempe and Nabweru Divisions.
Wameli also argued that the offences of forgery were a subset of the
murder charges against the suspects in the International Crime Division of
High Court-ICD where they accused of murdering former Police Spokesperson
Andrew Felix Kaweesi.
However, the State Prosecutors led by Hope Mutoni Itungo asked court to
maintain the charges arguing that they were totally different from those they
face in the ICD.
Prosecutor argued that the elements within which the forgery charges arise from
are different because the Nabweru court was supposed to determine whether the
National Identification cards found with the suspects are genuine or not.
alleged that Shafiq Kasujja while at Nasser Road in March 2017, unlawfully
designed and printed a National Identification Cards in the Names of
The said Identification Card was later found with Higenyi Noordin
Aramathan. The Prosecution further contended that Bruhan Balyejusa alias
Masiga in the same time was found unlawfully possessing four National Identification
cards reportedly belonged two of his co-accused and others were for a one John
Bwambale and Richard Toddy.
Kasujja and Bruhan Balyejusa were set free because they had been granted
bail on Kaweesi Murder charges by Justice Lydia Mugambe last month.
Higenyi has other pending charges of aggravated child trafficking in Mukono