The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Moses Makumbi who once served as convicted child-murderer Kato Kajubi’s witch doctor, and is now facing his own more recent child murder charges, is now shopping for a new lawyer after the one who has been representing him stormed out of court.
The court which is trying Makumbi for the cruel murder of a one and a half year-old girl had to stop for over an hour after his lawyer stormed out during the trial.
Prosecution records before court indicate that Makumbi and his co-accused Walakira and Kabuye brutally murdered Mirembe Passy, on 25th November 2017 at Kayuji village in Mukungwe sub-county in Masaka district.
Alexander Lure the defense lawyer for Makumbi and his co-accused Denis Kabuye decided to walk out of the court after the presiding judge Justice Victoria Nakintu Katamba rejected his prayer to stay the court proceedings in which Makumbi and two others, Deo Walakira and Denis Kabuye are accused of murdering baby Passy Mirembe until the Court of Appeal disposes of his application appealing the cancellation of Makumbi’s bail.
But Judge Nakintu Katamba turned down the request saying, “Cancellation of bail is not an issue for determination of innocence or guilt of the accused person, we should proceed with the hearing of the case as we wait for the Court of Appeal to give its stand because the state has already secured two witnesses and we are ready to proceed.”
Makumbi’s bail was canceled by Justice Nakintu who had Makumbi remanded with his co-accused last week but this did not go down well with Makumbi who instructed his lawyer Lure to appeal the cancellation of his bail.
While appearing in court on Wednesday, Alexander Lure told the court that he had filed an appeal in the Court of Appeal and the application had been fixed for 9th November for hearing and so he asked the court to stay the proceedings in the case of murder until the application in the Court of Appeal is disposed off. This court rejected and decided to walk out claiming that he did not have instruction from his client Makumbi to proceed with the case.
The state prosecutor Amina Akasa told the court that the case had been scheduled to resume today after an adjournment last week and the state was ready to proceed with two witnesses and staying proceedings for the interests of Makumbi who had decided to appeal the decision by the court to cancel his bail was not a fair basis to decide to halt the hearing of the case.
Justice Nakintu said that since Makumbi’s co-accused Kabuye and Walakira had been on remand since 2017, delaying the case anymore with applications like staying proceedings will be scandalous saying that court should strike a balance between the rights of Makumbi and the other parties wondering why Makumbi who has been in prison just for 3 days wants to deter the hearing of the case.
“Application for an adjournment is not allowed and I so order that we proceed because an adjournment at this stage would infringe on the rights of Walakira and Kabuye” she added.
This however did not go down well with Lure who decided to move out of court which caused a stall for a while and the judge was forced to adjourn the case for several minutes to meet the counsel for Walakira and for state in chambers to forge a way forward since the court could not proceed without Makumbi and his co-accused Kabuye without being represented.
On return, Nankintu told court that Makumbi and his defense team was frustrating the ends of justice saying that she will be forced to remove the case from the session which is about to end because the court is still stuck with old cases that date to 2015 but the court decided to take on the case since it was of public interest. However, she noted courts efforts to fast track the case and dispose it off is being frustrated by Makumbi.
Denis Kaketo, Walakira’s lawyer said that it was unfortunate that his colleague Lure acted unprofessionally and decided to walk out of court after failing to get what he had prayed for saying that the court should secure Makumbi and Kabuye a state lawyer as he looks for a private lawyer to avoid wasting court’s time in such uncalled for incidents.
Makumbi told the court that he had lost interest in his lawyer Lure and asked the court to give him time to get another lawyer and when asked if court gets him a state lawyer and the case proceeds, he rejected it saying that he could get himself a private lawyer if given time.
The presiding Judge Nakintu adjourned the matter to 10th November to allow Makumbi and Kabuye get another lawyer on top of presenting to them a list of three state lawyers that will work with their private lawyers to avoid being fixed in a state of the accused persons not being represented after their private lawyer stormed out of court. The state lawyers that have been given to the accused to choose one include Andrew Tusingwire, Regina Babukika, and Lawrence Yawe.
The locals that attended court said court should do whatever it takes to get them justice because they sense there is something fishy as to why Makumbi and his legal team are frustrating the court processes.
Led by Ritah Namukasa, they want the court to send a team of people to Kayugi and the neighboring villages to listen to locals pleas about Makumbi and his accomplices’ actions of are keeping residents in fear for the lives of their children.
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