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Court Postpones Hearing Lwakataka Assault Case

The Magistrates Court of Kalisizo has postponed the hearing of a case in which Ponsiano Lwakataka (38) and Abdallah Mukiibi (28) are accused of reportedly assaulting a police constable and threatening violence against him.
The Magistrates Court of Kalisizo has postponed the hearing of a case in which Ponsiano Lwakataka (38) and Abdallah Mukiibi (28) are accused of reportedly assaulting a police constable and threatening violence against him.

 

On Friday 1st August 2013, the duo was granted bail and was expected to return on 7th August 2014 for further hearing.

 

The men presented themselves with their defence lawyer Hassan Khamba in court today before Susan Awidi, the Grade I Magistrate today.

 

But the case was postponed until 4th September 2014 because Miriam Akiti, the State prosecutor in this case, was not feeling well due to a bad cold.

 

Yebuga Charles, a police constable attached to Sanje Police station, who’s the second prosecution witness in the case was present and ready to proceed.

 

Kabiito, the main state witness, was the first to testify in court last week on 1st August 2014.

 

The matter first came up in court for hearing on 17th July 2014 but the duo was denied bail after their defence lawyer Hassan Khamba delayed to produce his practicing certificate in court.

 

The duo is accused of assaulting Kabiito Mikidaadi, a Special Police Constable attached to Sanje Police post in Rakai district.

 

The incident is said to have occurred on 3rd March 2013 at Kanamiti village when the accused assaulted and threatened the officer on duty.

 

They were charged with four counts including causing grave harm, obstruction of an officer on duty, threatening violence and conspiracy to prevent officer on duty from apprehending suspects who had immature fish.

 

Kabiito is said to have lost three front teeth and sustained serious bodily harm in the scuffle. The constable No.4347 was rushed to hospital for medication and later filed a case against the duo RKI/CRB/194/2014.

 

However, the accused pleaded not guilty to the charges and were later granted bail on their fifth appearance in Kalisizo Magistrates court.

 

A large crowd of Lwakataka supporters turned up for the hearing of the case at Kalisizo Magistrates court.

 

During his first appearance for the hearing of the case, Kabiito, the main prosecution witness said that he was attacked by Mukiibi on Lwakataka’s orders.

 

He said that Mukiibi used a hammer to hit him in the face causing him to lose three front teeth.

 

However, Hakim Khamba of Turinawe Khamba & Co. Advocates, faulted his testimony during the cross examination when he established that Kabiito’s statement were incoherent.

 

Kabiito could not recall the date, month and year in which he was assaulted. He also had a medical slip indicating that he had lost teeth number 41, 42 and 43 that needed replacement at 800,000 shillings before the purported assault.

 

However, the case is scheduled for further hearing on 4th September when the second prosecution witness Charles Yabuga is expected to appear.

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