The High Court has found enough evidence against 13 people, who are accused of detonating two bombs in Kampala, which if not controverted will lead to their conviction.
Justice Alfonse Chigamoi Owny Dolo asked all the accused to defend themselves after the Prosecution led by Suzan Okalany closed its case with 82 witnesses who included agents of American Federal Bureau of Investigation (FBI).
“I haven’t really made up my mind but if any of you feels the prosecution has brought enough evidence pinning him on any of the charges you are facing, there is still room for you to plead guilty,” Dolo said.
He said they have three options; choosing to keep quiet and leave everything to court to decide, giving their defence without swearing during which neither the prosecution or the suspect’s lawyer asks any question or taking oath before giving evidence which will require both the Prosecution and the suspects’ lawyer to ask the suspect questions to clarify or make out a case.
This was after their lawyer, Evans Ocheng and Caleb Alaka, chose to abstain from asking for time to make submissions on whether the Prosecution has made a case against any of them requiring their defence or not.
Though all of them have been asked to defend themselves, there is an accused facing charges of being an accessory after a fact whose maximum sentence is three years but Luyima has been on remand for more than three years after his several bail applications were rejected.
His biggest mistake was to house his brothers Hassan and Isa Luyima and later facilitate their escape after the bombs went off.
Justice Dolo who was also recently promoted to the Court of Appeal gave them two weeks to prepare and defend themselves on December 17, 2015.
The suspects include; Hussein Hassan Agade, Idris Magondu, Hassan Haruna Luyima, Abubakari Batematyo, Yahya Suleiman Mbuthia, Habib Suleiman Njoroge, Omar Awadh Omar, Mohammad Hamid Sulaiman, Seleman Hijar Nyamandondo, Ahmed Hussein Luyima, Mohammad Ali Mohammad, Muzafar Luyima and Dr. Ismael Kalule.
They are facing 76 counts of murder for the 76 people who died when bombs were detonated at Kyadondo Rugby Club and Ethiopian Village night spots during the finals of the 2010 FUFA World held in South Africa.
They are also facing 10 counts of attempted murder for the 10 people who survived with injuries and three counts of terrorism representing the three bombs that went off in the two night spots.
Two of the suspects; Mohamood Mugisha and Idris Nsubuga pleaded guilty to
the charges and were turned into state witnesses.