The Chief Magistrate’s Court in Butambala has once again adjourned the terrorism case involving former Butambala County MP Muhammad Muwanga Kivumbi and 23 co-accused persons after the prosecution failed to produce the case file required to commit the accused to the High Court for trial.
The accused, who remain on remand under heavy security, appeared before Chief Magistrate Deogratias Ssejjemba on Thursday for proceedings that had been expected to facilitate their committal to the High Court.
However, State Attorney Salaama Nabbosa informed the court that the prosecution was unable to proceed because it did not have the relevant case file.
“I cannot commit the accused persons to the High Court without the relevant case file,” Nabbosa told court, adding that even the file and supporting documents previously used in proceedings before the Wandegeya Chief Magistrate’s Court were unavailable.
The development drew strong objections from the defence team led by lawyer Samuel Muyizzi, who argued that the day had been specifically scheduled for committal proceedings.
“Today’s sitting was meant to facilitate the committal process. The fact that the accused have a pending bail application before another court should not be used as justification for delaying these proceedings,” Muyizzi submitted.
The defence accused the prosecution of repeatedly failing to comply with court directives and reminded the magistrate that previous orders had been issued requiring the State to produce the file and move the matter forward.
Muyizzi also urged the court to determine an earlier application seeking dismissal of the charges on grounds that the prosecution had failed to comply with court orders.
“The continued delay amounts to an infringement on the constitutional rights of the accused persons,” he argued. “The court should either grant them bail, dismiss the charges, or stay the proceedings and release them until the prosecution is ready to proceed.”
The defence further called for scrutiny of the conduct of the prosecutor, alleging that court directives had been disregarded on three separate occasions.
Despite the objections, Magistrate Ssejjemba adjourned the matter to June 25 and directed the prosecution to ensure that the case file is available by the next hearing date so that committal proceedings can proceed.
The accused were arrested earlier this year and have remained in custody since then.
Meanwhile, a separate bail application filed before the High Court remains pending. The matter is expected to return to court on June 8 for an update on the request for temporary release.
The repeated adjournments have heightened concerns among defence lawyers and legal observers over delays in the administration of justice, particularly in cases involving lengthy pre-trial detention.
