Tuesday, 3 May 2011

Mao set free, Besigye aides jailed again

http://myafrica.allafrica.com/img/csi/user/000100031672_83ebfe68d669a9f8d4e46fb4ea640f53/m200x.jpgDemocratic Party president Norbert Mao walked to freedom after Nakawa Magistrate’s Court last evening dismissed all charges preferred against him, saying it was a nullity for the state to transfer the case file from City Hall Court to Nakawa.
Mr Mao last night said he will be suing for wrongful arrest and detention. “I am going to talk to my lawyers to institute a case against the government,” he said moments before he was whisked away by supporters.
In his ruling, Mr George Obongo said it was illegal for the State to first file a case at City Hall Court instead of Nakawa where Mr Mao allegedly committed the crime as he participated in the walk-to-work demonstrations against high fuel prices.
“A case filed in a court not competent to try it, is presumed non-existent,” Mr Obongo ruled.
He dismissed the assault and incitement of violence charges against the DP president who has been in jail for the last two weeks.
Mr Mao had refused to take plea or apply for bail in the matter insisting that he and the others were “prisoners of conscience” who had broken no law. Earlier in the morning, Ms Juliet Hatanga, the City Hall Court Grade One Magistrate, disqualified herself from hearing the case, citing lack of geographical jurisdiction.
Mr Obong also agreed with the submissions of one of the lawyers for the defence, Mr Medard Lubega Sseggona, that a case filed in a wrong court can’t be transferred to another court.

However, the magistrate advised the state to reinstate the charges before a competent court if they wished so.
Mr Mao and the co-accused, who had spent two weeks in Nakasongola Prison, were arrested on the April 18 in Ntinda as they participated in the walk-to-work campaign.

DP supporters who had earlier threatened to attack the court cells and remove their leader, broke out in party songs as they carried Mr Mao on their shoulders, heading for their party headquarters located on City House, in the city centre.
However, on reaching Nakawa Market, the police dispersed them using tear gas and rubber bullets.
A Radio Simba journalist, Ms Christine Nabatanzi, was hit and injured on her right leg by a rubber bullet. She was rushed to Kampala Medical Chambers clinic on Buganda Road. Meanwhile, Kampala Woman MP Nabilla Nayagi Ssempala was manhandled during her arrest in Kabalagala as she walked to work.
She and a Kampala businessman, George William Kigazi were charged with failing to comply with police orders and later given bail by Makindye Court. In eastern Uganda, the army and police in Mbale bowed to pressure and re-opened Mbale main garage for residents to resume business that had been stopped for three days. The garage was reportedly a hotbed of demonstrations which broke out on Friday.
Reported by Anthony Wesaka, Juliet Kigongo & Risdel Kasasira

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