Buganda Road Court has refused Lawyer Male Mabirizi’s request to summon Hon. Robert Kyagulanyi alias Bobi Wine to appear before court and be tried for allegedly lying about his age on academic documents.
Mabirizi told Grade One Magistrate, Stella Amabilis that the court cannot proceed with this matter in the absence of the accused person; in the interest of justice and his right to a fair hearing that is enshrined in Article 28 of the Constitution.
However Prosecution’s Peter Mugisha has objected to Mabirizi’s application saying there is a letter dated September 2 on the court record from the Director of Public Prosecution (DPP) seeking to formally take over the matter from private prosecution.
“There is no supporting evidence attached to the complaint on oath, and neither is there evidence from Parliament indicating that it received false information from the accused Legislator,” Mugisha said.
He therefore has asked Magistrate Amabilis to postpone summoning Kyagulanyi to the court and allow further investigation of this matter by the DPP.
The magistrate stated that there is no evidence attached to the complaint on oath and neither is there evidence from Parliament showing that it received false documentation from Hon. Robert Kyagulanyi. She also said UNEB verified his documents as authentic.
Mabirizi accuses Bobi Wine of making a false declaration before a passport control officer by stating that he was born in 1982 yet his academic documents indicate he was born in 1980.