Masaka High Court was filled with tension and emotion as the defence team representing four individuals accused in the tragic St Bernard's Secondary School fire case filed a compelling application.
Led by Counsel Sam Ssekyewa, the defence's plea to stay proceedings highlighted alleged violations of the accused persons' fundamental rights, marking a pivotal moment in a legal saga that has gripped the community for over five years.
The case dates back to November 11, 2018, when a devastating fire engulfed a dormitory that housed Senior Three boys at St Bernard's Secondary School in Manya, Rakai District.
The blaze claimed the lives of 10 students and left 36 others injured.
Counsel Samuel Ssekyewa Presenting their application before Justice Victoria Nakintu Katamba, counsel Ssekyewa argued that the prolonged remand of his clients without trial amounted to a grave infringement of their constitutional rights.
"The accused persons, who were juveniles at the time of their arrest, have been subjected to conditions that violate both statutory guarantees and international conventions," he said.
"The proceedings in criminal case no. 277 of 2018 and criminal case no. 157 of 2019 have been marred by multiple breaches of the applicants' rights," Ssekyewa continued, urging the court to declare the ongoing trial null and void and acquit his clients.
Responding to the defence's motion, Resident Chief State Attorney Noah Kunya requested for time to review the application before preparing a response, a request that Justice Nakintu granted.
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The judge concurred with the defence's assertion, issuing a stay of proceedings until the court determines the merits of the application.
"In any proceeding before the High Court where there arises a question of violation of fundamental rights or freedoms, the presiding judge shall immediately stay the proceedings and determine the issues raised," Judge Nakintu declared.
The legal manoeuvours comes amid amended charges that now see four individuals, including former students of St Bernard's Secondary School, facing a total of 48 counts.
These include charges of murder, attempted murder, arson, and attempted arson.
The accused persons named in the amended charge sheet are Henry Taremwa, Alex Mugarura, Edison Niyo (alias Edie), and Kisuule Dickson, with others still at large.
Family members of the accused and representatives from the community attended the court session, their faces etched with concern and hope for justice.
As the accused persons were remanded to Masaka Central Prison pending the court's decision on the application, the community remains deeply divided over the handling of the case.
The next hearing is scheduled for July 16 when the prosecution will responf to the defence's application.
