By Mukose Arnold Anthony
The Buganda road Magistrate Marion Mageni has expressed dismay over the jobless brotherhood colored piglets backlogged case of 2016 which has spent almost 2 years without being disposed off.
Mageni who was on Friday morning issued the last summons witness however the prosecution said that both parties are to blame for delay in disposing of the case.
The magistrate who had set today as the last adjournment was forced to offer prosecution the last chance to bring the their claimed last three witnesses on 29th May and failure, she will give her ruling.
“Whileas its true that the matter has stayed quite a while in court, it is also true that the delay has been attributed to all parties and notwithstanding, justice must not only be done but also be seen to be done hence prosecution given one very last adjournment to present their remaining witnesses and case adjourned for 29th May for hearing” Magistrate Mageni stated.
Her dismay came after both parties; prosecution (Nalule Shamim) and defense (Isaac Kimeze Ssemakadde) accusing each other for being behind the delay in the matter where 2 former jobless brotherhood members (currently The Alternative) Lutta Ferdinand and Lukwago Joseph are accused of 2 counts including Cruelty to animals and common nuisance when they allegedly dumped over 9 colored blue, green and yellow swines in protest of the Shs200 million proposed to purchase cars for each MP on 15th September 2016.
“Its on record that this is a backlog case and this date was the very last one given to the prosecution to call its remaining witnesses to close this case, the court hasn’t been given essence to factory account whether the prosecution extracted any summons outs alleged remaining witnesses neither is it being given a satisfactory account of why the witnesses didn’t come hence there was a defiance of a standing order by the prosecution therefore the directory conduct of the prosecution shouldn’t be condoned in court as it violates article 28(1) of a right to speedy trial” Counsel Ssemakadde submitted
“Her worship, its not true that prosecution is behind the delay but the defense is majory responsible for this because each of the suspects has missed court 2 time whereas their counsel has too missed twice which forced court to issue criminal summons to the suspects” State Nalule Shamim rejoined. After their submissions, magistrate over ruled them and adjourned the case.