Court declines Mabirizi request to summon Bobi Wine
Hassan Male Mabirizi a City Lawyer and Private Prosecutor of National Unity Platform Leader and Presidential hopeful Robert Kyagulanyi popularly known as Bobi Wine, whom he wants to face the law for allegedly lying about his age, has today applied to court to have Kyagulanyi compelled to appear in court and defend himself.
Mabirizi has told Buganda road court Grade One Magistrate Stella Amabilis that the court cannot proceed with this matter in abscence of the accused person; in the interest of justice and his right to a fair hearing that is enshirined in Article 28 of the Constitution.
However, Prosecution’s Peter Mugisha has objected to Mabilizi’s application saying there is a letter dated 2nd/September/2020 on the court record from the DPP seeking to formally take over the matter from private prosecution; there is no supporting evidence attached to the complaint on oarth, and neither is there evidence from Parliament indicating that it received false information from the accused Legislator.
Peter has therefore asked Magistrate Amabilis to postpone summoning Kyagulanyi to this court and allow further investigation of this matter by the DPP.
Mabilizi is accusing Kyagulanyi of making a false declaration before a passport control officer by stating that he was born in 1982 yet there is un rebutted evidence which proves that he was born in 1980.
Mabilizi claims he obtained information from UNEB and Makerere University where Kyagulanyi indicates on his academic papers at O’level, A’level and University transcript that he was born in 1980.
Meanwhile Mabilizi is also questioning the circumstances under which Buganda road court Resident State Attorney Janet Kitimbo purports to take over his case without proper instructions from the DPP Jane Frances Abodo.
Mabilizi argues that this case is against Robert Kyagulanyi as a person and that Kitimbo must produce instructions from the DPP authorising her to take over proceedings in this case that State Agencies like the Electoral Commission and UNEB have supported by availing him the evidence he needs.
The Magistrate said she will deliver her ruling on 28th/September/2020.