Makindye Court Principle Grade One Magistrate Prossy Katushabe has ordered the Director of Public Prosecutions (DPP) to speed up investigations into the case involving the demolishion of St. Peter’s Church in Ndeeba.
This follows Defence lawyers led by Max Mutabingwa’s move to apply to court to dismiss this case saying there is no offence against the accused persons especially when key suspect Dodoviiko Mwanje is the owner of the disputed land.
The defence lawyers were also worried about the arrest and detention of their colleague (Dodoviiko’s Lawyer) Ambrose Tebyasa was held at the Central Police Station (CPS) in Kampala for representing the accused yet he is alleged to have participated in the Civil Matter that gave rise to the demolition.
The lawyers led by Mr. Kenneth Ssebabi called upon the Uganda Law Society (ULS) to intervene in Tebyasa’s case that they said was intended to intimidate them from representing the accused persons ‘whose right to a fair hearing is in jeopardy.’
Prosecution’s Noah Kunya had asked for a month to conclude investigations claiming the accused persons who were granted bail are tampering with the evidence; but he presented no proof to his claim and the Magistrate gave the DPP upto 13th October, 2020 to conclude investigations and have the matter fixed for hearing so that it can be expeditiously resolved.
22 people are accused of demolishing St. Peter’s Church in Ndeeba, including 7 Police Officers, an Urban Planner and Dodoviiko Mwanje the registered owner of the disputed land.
They have since denied the charges. Dodoviko together with Ivan Katongole a Kampala Capital City Authority (KCCA) Urban Planner are accused of having sanctioned the demolition of the said church.
7 Police Officers who are accused of disobeying lawful orders of Commisisoner of Police Moses Kafeero, which were to over see security deployment at St. Peter’ Church in order to avert any possible demolition; and others are said to have committed the offence between March and August this year.
Counsel Ambrose Tebyasa has since been granted Police Bond and released from custody with the help of Uganda Law Society (ULS) President Phiona Nabasa Wall who is calling on investigators to follow the law while doing their work.