Gladys Kamasanyu, the Buganda Road Chief Magistrate, delivered the ruling yesterday Monday September 12 2022, after prosecution failed to present sufficient evidence of the contents of the offence to warrant Ssegirinya to defend himself against the charge.
Ssegirinya's mother rejoices as court dismisses one charge against legislator
It was shouts of joy from Justine Nakajumba, mother of the embattled Kawempe North Member of Parliament, Muhammad Ssegirinya, yesterday, at the Buganda Road Court when the legislator was cleared of the charge of 'inciting violence.'
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“No reasonable court after directing its mind on the law and the evidence adduced by the prosecution can convict the accused because by the time the prosecution closed its case, it had not proved any of the ingredients of the case. I, accordingly find no prima facie case made out against the accused warranting his defence and he is discharged,” Kamasanyu ruled.
Subsequent to the ruling, Ssegirinya's mother ululated as she said “Owekitibwa omulamuzi mukama akuwe omukisa olw’okuwa omwana wange obwenkanya (May God bless you your Worship for rendering justice to my son)” an elated Nakajumba said.
Ssegirinya was able to appear for the court proceeding via Zoom but without legal representation.
However, he will remain in jail over the other charges against him which include murder, attempted murder, terrorism, and 'inciting violence' before Grade One Magistrate Siena Owomugisha, stemming from his Facebook posts.
Insufficient evidence
Prosecution alleged that prior to his arrest on March 22 2021 at Mini Price in Kampala, Ssegirinya had conducted illegal demonstration intended to incite violence.
During the demonstration, he allegedly marched through Kampala City streets with placards displaying the names of National Unity Platform members who had been apprehended during the Presidential elections.
Erias Kijjampora, the investigating officer, Flavia Musimenta, the Officer in Charge of the Mini Price police post who arrested Ssegirinya, and Central Police Station (CPS) Operations Officer David Nahamya who was involved in the arrest and recording of statements, were presented as witnesses.
However, they failed to pinpoint who was incited by Ssegirinya's demonstration, and according to available evidence, the violence begun upon the arrival of police officers at his parade.
There was also confusion over who of the three recorded Ssegirinya's protest on camera and who got his statement at CPS.
David Lewis Rubongoya, the National Unity Platform Secretary General, said that this new development in the case has given the party hope that Ssegirinya will emerge victorious against all other charges in High Court.
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