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Court Strikes Out Charge Of Dispensing Drugs In Nebanda Death

Five of six suspects accused of causing the death of Butaleja Woman MP Cerinah Nebanda, have registered some victory after court struck out one of the charges preferred against them for being defective. Makindye Chief Magistrate Ester Nambayo, struck out the charge of supplying and dispensing restricted drugs from the charge sheet leaving manslaughter and two counts of unlawful possession of narcotic drugs.
Five of six suspects accused of causing the death of Butaleja Woman MP Cerinah Nebanda, have registered some victory after court struck out one of the charges preferred against them for being defective.

Makindye Chief Magistrate Ester Nambayo, struck out the charge of supplying and dispensing restricted drugs from the charge sheet contrary to the sections 13 (1), and 60 (2) of the National Drug Policy and Authority Act.

 

Those who got relief include Adam Suleiman Kalungi, the principal suspect in the December 14 sudden death of Nebanda. Others are Noor Abubakar, Khan Babu, Abdul Abid Rashid Butt and Fatuma Babu.

 

The sixth suspect, Ali Omar Almuzahim, was not facing this very count.

 

This now leaves only three charges on the charge sheet which include; manslaughter, and two counts of unlawful possession of narcotic drugs.

 

Nambayo ruled that the type of the drug should have been specified and the person to whom it was dispensed named to enable the defense lawyers to prepare for their defense.

 

The scraping of the charge was followed with applause from the fully packed court room.

 

The ruling followed successful submissions of two of the defense lawyers; MacDusman Kabega and Younus Kasirivu.Kabega argued that the particulars of the charge of supplying and dispensing the restricted drug did not disclose what type of drug and whom it was dispensed to and yet the Magistrates Court Act demands so.

 

Additionally, Kasirivu had also argued that the prosecution did not also indicate the dates in which the alleged restricted drug was dispensed.

 

In reply, state attorney, Samalie Wakooli, had argued that the charge sheet was properly drawn and that it disclosed sufficient details for the accused to be charged.She added that the details of what type of drug and whom it was dispensed to were to be revealed later during the hearing of the case.

 

Prosecution had alleged that the five suspects and others still at large, during the period of September and December 2012, supplied the restricted drug.

Earlier, Kalungi’s five co-accused who have been on remand at Luzira Prison since December 31, pleaded not guilty to manslaughter or unintentionally causing the death of MP Nebanda.

Manslaughter is causing death of another not deliberately and it carries a maximum penalty of life imprisonment once found guilty.

According to the charge sheet, Kalungi along with his five co-accused, on December 14 last year in Buziga, Makindye Division in Kampala, unlawfully caused the death of MP Nebanda.

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