The state yesterday asked court to dismiss an application filed by several opposition leaders including Kizza Besigye and KCCA Lord Mayor Erias Lukwago, who are seeking to halt the trial in which they are accused of staging an unlawful assembly in the city that led to the death of police officer John Michael Ariong.

Opposition leader Dr. Kizza Besigye (R) watches his lawyer make a submission at the Buganda Road Court yesterday. The State asked the court to dismiss an application filed by the opposition leaders seeking to halt the trial. PHOTO BY ISAAC KASAMANI

State prosecutor at Buganda Road Court Martin Rukundo told court presided over by Chief Magistrate Mary Eleanor Khainza that none of the accused persons is a party to the constitutional petition No. 32 of 2012, which they have cited as a basis to halting their trial before asking court to proceed with the case.

Following submissions by the two parties, the presiding magistrate will give her ruling on Thursday next week in the case in which the opposition leaders are challenging the constitutionality of the charge of unlawful society.
Mr Rukundo further argued that the sections cited in the petition by the accused persons are not applicable to the current case and therefore do not affect their trial.

The state’s submissions follow last week’s request by the opposition leaders to halt their trial until the determination of the constitutional petition No.32 of 2012 filed by Mathias Mpuuga (MP Masaka Municipality) and Muwanga Kivumbi.

The 15 accused persons argue that Mr Mpuuga and Mr Kivumbi are challenging the constitutionality of the charge of unlawful society they are facing and that it is normal practice to first halt their trial pending the outcome of the constitutional petition.

By ANTHONY WESAKA, Daily Monitor