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DPP Withdraws Charges Against Jamil Mukulu's Co-Accused

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“Take note that the government of Uganda intends that prosecution against ………charged with belonging to Allied Defense Forces, providing Financial Assistance to terrorism shall not continue,” reads the November 26th, 2019 letter signed by the Chibita.
27 Nov 2019 12:58
The Document Withdrawing Charges against Jamil Mukulu's co Accused
Justice Mike Chibita, the Director of Public Prosecution has withdrawn charges against nine suspects jointly charged with Jamil Mukulu, the leader of the rebel Allied Democratic Forces-ADF.

They are Abdallah Kisembo Mukwata, Adam Din Luwooza, Hamis Mugoya, Hamuza Lyavaala, Aramathan Musene, Hussein Ndugwa, Faizol Wata, Hamza Egiyoti and Hamis Takubyaku. The suspects have been battling charges of belonging to ADF, a terror organization and providing financial assistance for terror activities.      

However, this morning, prosecution led by State Attorney, Jacqueline Okwi presented a letter from Justice Mike Chibita, the Director of Public Prosecution to Justice, Jane Persis Kiggundu in the High Court International Crimes Division withdrawing the charges.

“Take note that the government of Uganda intends that prosecution against ………charged with belonging to Allied Defense Forces, providing Financial Assistance to terrorism shall not continue,” reads the November 26th, 2019 letter signed by the Chibita.

He however, didn’t specific the reasons for dropping the charges against the suspects who has spent six years on remand. The defense lawyers led by Kamala Kafuuzi asked court to order for the compensation of the suspects, arguing that the DPP in actual sense is saying that he maliciously prosecuted his clients.   

"We are asking this court to order for compensation. My Lord it's not nice to be accused of being a terrorist", said Kafuuzi with emotions.  The judge agreed to drop the charges in line with Chibita’s lawyers but declined to order for compensation, saying the request was made before the wrong court.

Although the two charges have been withdrawn, Adam Din Luwooza may not regain his freedom because he is still jointly charged with Mukulu and 36 others for crimes against humanity, murder and terrorism among others. The remaining suspects were still waiting to sign their discharge forms by the time we published this story.   

How the Suspects Ended up in Court       

They were picked up by security for their alleged involvement in terror activities. Prosecution alleged that in June 2014 at various places in Uganda, Kenya and DRC, the accused provided financial assistance to members of ADF, a terror group well knowing that the said assistance was meant to finance terror activities.  

A summary of the case seen by URN,  shows that Egiyoti Hamuza accompanied Yusuf Ahmed Hilal to Kenya Commercial Bank,  Busia Branch where they sent  USD 2500 (Shillings 9.2million)  to Abdallah Kisembo who was in Beni , DRC.

Prosecution also alleged that in early 2014, Kisembo used to buy gold from Mubende gold mines where he mobilized some of the accused persons who were previously gold miners and convinced them to travel to Mambasa in DRC for training in ADF camps.  

The suspects were reportedly recruited under the pretext of mining in DRC under better terms and wages.           

According to the court records, some of the suspects were intercepted by Congolese Military Intelligence, which handed them over to the Chieftaincy of Military Intelligence in Uganda in 2014. Others were arrested from Rakai and Bugiri Districts in Uganda. The group was committed for trial before a Panel of three Judges in September, 2019, which is yet to be constituted.