Court Update: Uganda Vs Nicholas Opiyo case

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Update : Uganda Vs Nicholas Opiyo case. Whisper Eye News

Yesterday morning, His Worship Moses Nabende referred
Nicholas Opiyo’s file to the High Court for appropriate orders after the State informed the court, yet again, that inquiries are not complete and requested another mention date. “This matter comes up for mention, inquiries are not complete. We request for another mention date,” State informed the court.

In response, Nicholas’s lawyer, Adv. David F.K. Mpanga, informed the court that the matter was on the last adjournment and therefore the adjournment should not be granted. “Your Worship, this Honourable Court gave directions, specifically that the adjournment granted on the last date was the last adjournment. Your Worship, in reference to that direction, I now pray that this Honourable Court follows through and refers this matter to the High Court which has jurisdiction to dismiss the matter for want of prosecution. I so pray.”

Nicholas Opiyo and his Lawyer David Mpanga share a lime moment

Court ruling: “The court earlier on warned the State to be concise and clear on the progress of the investigations. As of today, the State has failed to do so. The matter has been on mention since 28th of December 2020. It is the view of the defence that the State has failed to accord the accused a speedy trial. It is true that the State has not provided sufficient information about level of investigations despite being given longer adjournments to do so. And indeed, this infringes on the right to a speedy and a fair trial of the accused. Accordingly, the case file shall be presented to DR (Deputy Registrar) for presentation to the Honourable Judge with jurisdiction for appropriate orders and directions.”

Chapter Four continues to call for the baseless charges to be dropped.

Source: Chapter Four

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