BY KWIJUKA DESMOND MISRI
High court in Kabale on Tuesday cancelled court bail that was given to the former Rukungiri central police station officer in charge of criminal investigation and an investigating officer and remanded to Ndorwa government prison.
Justice Moses Kazibwe Kawumi on 16th August 2016 canceled the court bail that was on 13th July 2016 granted to by the Rukungiri grade one magistrate Josephine Nakaato on grounds that it was irregular and a nullity at law.
This follows a petition filed by the director of public prosecution Justice Mike Chibita complaining that the Rukungiri grade one magistrate her worship Josephine Nakaato had no jurisdiction to take plea on a charge sheet of a murder case.
Ogwal and Turamye were charged with two counts of accessory after the fact to murder and they are on the same charge sheet with 14 other local people that were accused of murder.
The prosecution told court that on 18th May 2016 , Julius Ndyamuhakyi and other 13 people while at Kagogo coffee factory in Rukungiri municipality with malice afore thought murdered one Joel Sigirenda whom they suspected to be a thief.
Michael Ogwal being the officer in charge of criminal investigations at Rukungiri police station and Frank Turamye being the investigating officer of the case released two people well knowing that they were guilty of the same murder case.
“The orders by the Rukungiri grade one magistrate Ms Josephine Nyakato granting bail to the accused persons is hereby quashed for being irregularly and a nullity at law. Bail granted to the accused persons is hereby canceled and both the accused are hereby remanded to Ndorwa prison, The officer in charge of Ndorwa prison should make arrangements to transfer them to Rukungiri government prison so that they appear together with the other accused persons whom they are jointly charged with for mention. The case file should be forwarded to the Rukungiri chief magistrate for allocation to another magistrate for proper handling,” Justice Moses Kazibwe Kawumi ruled.
Jonathan Bwagi, the lawyer for the accused persons said that his clients are not satisfied with the ruling as he is to appeal against the ruling because his clients should not have been put on the same charge sheet with murderers when they did not commit the same case.