Monday, 25 March 2013

STATE REINSTATES INCITING VIOLENCE CASE ON TWO COUNCILORS IN KASESE.

The state
has reinstated a case of inciting violence against two District councilors in Kasese
who were acquitted of the same count early this year.

The two
councilors, Abdu Saad of Maliba sub-county and Elly Masereka Magwara of
Kyabarungira both subscribing to the Forum for Democratic Change are being
accused of fresh charges of inciting violence contrary to section 51 (i)a) of
the penal code act.

So far Abdu
Saad has been charged in Grade II magistrate court after being arrested this
morning from his site where he is constructing a school in Maliba.

Saad was not
allowed to take plea because Grade II magistrate Stephen Saabu Kabyanga did not
have the jurisdiction to hear his case.

He remanded
him to Mubuku prison until April 9th when he will be taking his plea
before the chief magistrate’s court.

Meanwhile,
police is still looking for Elly Magwara who is being jointly accused with
Saad.

Prosecution in
a charge sheet dated January 16th 2013 alleges that Abdu Saad and
Elly Magwara while in the office of the leader of opposition in Kasese district
without lawful excuse printed a letter addressed to the Resident District
Commissioner that they were to mobilize people to attack the Basongora.

The state
says that the contents of the letter intents to bring death or physical injury
to the persons of the Basongora.

The facts of
this new case are different from the dismissed one which on the contrary
alleged that on July 5th 2012 while at Kistwamba sub-county
headquarters held a meeting urging people to organize spears and attack the
Basongora.

But this case was dismissed by the then chief
magistrate Joshua Marouk on grounds that prosecution failed to adduce enough
evidence to convict the councilors.