On Friday, Principal Magistrate Grade One, Juliet Nakitende passed the order against the duo to compel Police to produce them before court to answer defamation allegations by music promoter Jeff Kiwanuka is the proprietor of Kabalagala based club DEJAVU and also a manager to singer Sheebah Kalungi. Charles Nsubuga and Ramula Nalujja represented Kiwanuka.
Kiwanuka’s lawyers asked court to issue a warrant of arrest against the duo for defying court summons. The duo was expected to appear in court to take plea on Wednesday this week but they did not.
Kiwanuka accuses the duo for defaming him through a video posted on their Facebook pages on June 3, 2016. Kiwanuka contends that the video creates an impression that he is a ritual murderer who was either associated with or is the culprit in the murder of six-year-old boy, Joel Ogema.
Recently, Kiwanuka was arrested after a suspected murderer, Herbert Were, a student of Lumino High School in Busia District, named him as an accomplice in the murder of Ogema.
It was alleged that Were beheaded his young brother last month at Lusasira Village in Busia and was later arrested from a friend’s place at Kajjansi in Wakiso. He allegedly made the confession to Police after arrest.
In her ruling, Nakitende said the lawyer representing the suspects; John Bosco Mudde did not detail to the court when the duo will return from Kenya. Early this week, Mudde told court that the duo went to Kenya for a coke studio competition.
“You have failed to bring evidence that shows that the duo were not in the country,” Nakitende ruled.
Basing on the affidavit sworn by Gabriel Okello from Muwema and Company Advocates, the presiding magistrate noted that summons were served to the duo, who intimidated Okello, stating that they would beat him if he leaves the summons behind.
The court also heard that Okello first took the summons at the duo’s place of residence at Kizungu zone in the city suburb of Makindye but found one ‘Jajja mad tiger’, who referred him to someone who claimed to be the manager of Goodlyfe but failed to recognize him.
“It is not a guarantee that Okello was supposed to take summons to the suspects’ home as claimed by the suspects’ lawyer. You can take the summons in any place where you think the accused can be found,” she said.
The magistrate also allowed the Director of Public Prosecution (DPP) to take over the case.
“We pray court to allow the State to exercise its mandate to take over and continue any criminal proceedings regarding the allegations,” State Attorney Immaculate Angutolo requested.
The defence lawyers have promised to hand over the charge sheet, containing particulars of the offence to the State for perusal and advice.
According to Kiwanuka, by the time the duo published the offensive video, they had full knowledge that he was not associated with criminal acts of murder, adding that they have no evidence to support their claims.
This he said was done with intent to injure his name, reputation and business.
However, following the police investigations, Jeff was found clean of any child sacrifice allegations. Jeff sued the singers for a whopping 1Billion Ugx in damages.
We’re told the singers are in hiding but according to the documents we’ve been offered, it might not be for so long.
The principle magistrate at Makindye court has ordered police to arrest the duo IMMEDIATELY wherever they find them.
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