Buganda Road Court has dismissed charges of unlawfully assembly, inciting violence and malicious damage to property, against former Rubaga North parliamentary candidate Moses Kasibante and Kampala Central MP contestant, musician Eddy Yawe.
Kasibante and yawe were jointly charged with a councilor in Rubaga Division John Lukanga.
This was after a series of court sessions in which prosecution led by David Lukwago failed to produce witnesses in court to testify against the accused.
Grade I magistrate Masitula Mulondo said there is no proof that prosecution has ever summoned its witnesses. Mulondo dismissed the case in the interest of reducing on the backlog of cases.
Musician and producer Eddiw Yawe having an eye for politics
Prior of the dismissal, Fred Mukasa Mbidde who represented the accused persons, had asked court to stay the proceedings until the Constitutional Court pronounces itself on the petition filed there by FDC president Dr Kiiza Besigye.
Besigye filed the petition challenging the constitutionality of the offence of unlawful assembly.
The accused and others still at large are alleged to have incited residents of Nakulabye for political reasons and destroyed a wind screen of a police vehicle registration number UP2565.
Kasibante was arrested as he reportedly tried to convene a meeting as to protests against the swearing in ceremony of his political rival Singh Katongole as the Rubaga North MP.
In the meantime, the same court has dismissed charges of unlawful assembly and inciting violence against local musician Eddy Yawe and two others.
The magistrate dismissed the matter for want of prosecution.
Their lawyer, Fred Mukasa Mbidde, asked court to dismiss the case claiming that prosecution has continued to waste his clients’ time, yet it is not ready to prosecute them.
He alternatively asked court to stay the proceedings until the Constitutional Court pronounces itself on the constitutionality of the offence as an unlawful assembly.
Mbidde said neither the suspects nor their lawyer has ever seen the charge sheet, but they suspect the offence arose from the walk to work campaign.
Yawe, a former parliamentary candidate for Kampala Central, is still battling three charges of unlawful assembly. The same court shall on 2nd August rule on whether to stay the proceedings until the Constitutional Court rule on the constitutionality of the charges.
Ultimate Media