The High Court in Kampala has dismissed a shs50 million request by one of the suspects in the kidnap and murder of social worker Maria Nagirinya and her driver, Ronald Kitayimbwa to enable him summon witnesses.
"There is no legal basis for this. All that is required is for court to summon witnesses that were named during committal of the accused person in the magistrate court. If the said money was to be expended in the process, it would still be in domain of court and not accused person," Justice Isaac Muwata ruled on Tuesday.
Copriyam Kasolo who defends himself in the case earlier this month asked court to avail him shs50 million to enable him place adverts to summon six witnesses to defend him in the trial.
My Lord I request that court gets me shs50 million so as to put advertisements in the media to be able to summon my witnesses. Since I was arrested, I have never heard from them and lost their contacts. I therefore need money to advertise in newspapers, tv, radio and social media platforms," he said.
Kasolo told court that he needs shs20 million to place adverts on NTV, TV West, Salt TV, Spark TV; shs10 million for adverts on Bukedde FM, CBS FM, Kaboozi FM, Radio one, Sanyu FM, Beat FM and Super FM.
He also noted that he needs to place adverts on social media platforms including Facebook, Whats App, Tik Tok and Instagram as well as adverts in the New Vision, Observer, Good news, Daily Monitor, Orumuri and Bwino newspapers.
"That is the budget I am asking court for. This is not a joke but am serious on the matter."
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However, on Tuesday, the court ruled that it cannot give him the shs50 million that he requested for , adding that even if it was to do so, the money would only be used to summon witnesses but not handed to him.
The trial judge said whereas the law stipulates that an accused can only summon witnesses he indicated during his committal in the magistrates court, it was in the interest of justice that Kasolo is allowed to have witnesses summoned despite not having mentioned any of them earlier.
"Inspite of the fact that he didn't name them during committal at the magistrates court, I find it is interest of justice to do so. Since he has named his witnesses, I hereby direct that he provides their particulars to deputy registrar of the court to enable him summon them to testify on his behalf," Justice Muwata directed.
The trial judge adjourned the matter to June, 6 .
Five suspects including Coporiyamu Kasolo alias Arsenal, Johnson Lubega aka Manomano, Sharif Mpanga, Nassif Kalyango alias Muwonge, and Hassan Kisekka alias Masadda, are facing six counts of murder, kidnap and aggravated robbery, offences committed in 2019 at Lungujja, a Kampala suburb before dumping the bodies in Nakitutuli swamp along the Mukono-Kayunga Road.
Their co-accused, Isaac Ssenabulya, alias Kisunsu earlier pleaded guilty to the charges and was sentenced to 40years imprisonment.
He was used as a state witness.
