Appeal hearing for 33 Pader convicts adjourned indefinitely

24 September 2024, 08:48

By Lakomekec Kinyera

The High Court circuit in Kitgum district has once again adjourned the appeal hearing for 33 convicts from Pader town council, citing the absence of the Resident Judge.

In a letter dated September 20, 2024, Deputy Registrar Her Worship Suzanne Aisia Musooli stated that the case was postponed because Judge Philip W. Mwaka was attending a court performance review meeting in Kampala from September 23 to 26. The letter further noted that Judge Mwaka would be on annual leave from October 1 to 31, 2024, thus delaying the hearing indefinitely.

“The Resident Judge will be unavailable for the hearing of the appeal, as he is attending an official court review and subsequently proceeding on his annual leave. All cases scheduled within this period will be reassigned fresh dates,” stated Deputy Registrar Musooli in the letter.

The appeal, which was supposed to be heard on September 24, 2024, stems from a December 2021 protest in Pader town council that led to significant property damage. The 33 convicts were charged with malicious damage, unlawful assembly, and inciting violence during the protests on December 6 and 7, 2021.

They were convicted on March 31, 2023, and sentenced to serve time in Pader Government Prison at Kineni. The convicts immediately filed an appeal through their lawyer, Geoffrey Boris Anyuru of M/s Odongo and Co. Advocates, on April 12, 2023, citing irregularities in the ruling by the lower court.

According to their lawyer, Kitara Tonny, the delay has been frustrating. “The court had previously adjourned the case to September after the Director of Public Prosecutions (DPP) requested more time to file written submissions. Now, we are back to square one, waiting for fresh dates,” Kitara said. He added that both parties had been set to present highlights of their submissions during the hearing on September 24.

The case has garnered attention from the community, with residents eager for a final decision. Mr. Atare Clip, the Democratic Party (DP) spokesperson for Pader district, expressed concern over the continued postponements.

“This case is very significant to the people of Pader. The outcome will have a profound impact on our community and the rule of law in the region. The delay is causing frustration among the people who are eagerly waiting for a resolution,” Atare remarked.

He also emphasised the importance of transparency and fairness in legal proceedings. “The Democratic Party is committed to advocating for timely and fair legal processes. We strongly believe that justice delayed is justice denied. We will continue to work diligently to ensure that the voices of the people are heard, and justice is served,” he added.

With the Resident Judge on leave until the end of October, the community remains in suspense, awaiting a new date for the appeal hearing. Other convicts were discharged after serving their sentence, and some remain in prison.