By Ronald Kabuye
Buganda road court grade one magistrate Charles Yeteise has dismissed the criminal case that was brought against the Bishop for central and Eastern Uganda in the evangelical orthodox Catholic Church (Antioch) Jacinto Kibuuka by the Uganda Catholic lawyers society accusing him of wounding the Roman followers.
The dismissal of the case followed a letter signed by the director of public prosecution indicating that he has discontinued the matter which letter was tendered in by his appointed lawyer senior superintendent of police Mark Odongo.
However the move to discontinue the case by DPP was first contested by the complaint’s lawyer Jude Mbabaali saying that the dpp can not withdraw without consent of court and that he has no will since he didn’t peruse through the criminal summons and affidavit since he wrote the discontinuing letter the day he was served.
However this was disputed by Bishop Kibuuka’ lawyers led by Anthony Wameli and Emmanuel Muwonge on the basis that the dpp enjoys absolute power to take up any criminal proceedings by private prosecution at any stage basing on article 120 of the constitution which the judge agreed to and thus dismissed the matter in a fully packed court by the followers of Bishop Kibuuka.
The magistrate said that court or any authority or person can not question how the dpp works adding that the fact of the matter was that the dpp tendered in the withdrawal letter officially and thus any further continuing with the case can only be interpreted as witch-hunting the accused person.
In the same way Mbabaali wanted court not to give a ruling in absence of the accused person Bishop Kibuuka who wasn’t not in court but the magistrate said it was not necessary since he had communicated through his lawyers that he was feeling unwell.
Again another prayer by Mbabaali to refer the matter to constitutional court to review whether the automatic take over of private instituted criminal cases by the Dpp is constitutional, the magistrate found no need since the higher courts have on several times pronounced themselves on the same.
The supporters of Kibuuka and the lawyers could not hide the excitement after the ruling and outside court they chanted and sang praise and worship songs.
One of Kibuuka’ lawyers Wameli Anthony told journalists outside court that they are happy about the ruling before emphasizing that everyone should be left to worship the way he feels like adding they are ready to take on the Catholic lawyers in case of any appeal.
Speaking to journalists the complaint’s lawyer Jude Mbabaali said they will appeal the ruling before accusing government of supporting Bishop Jacinto Kibuuka.