Prosecution had earlier alleged that Kalungi and five others possessed illicit drugs which killed Nebanda in December 2012.
The case struck off the charge sheet after prosecution fell short of providing detailed information on where, when and how the drugs were supplied.
Nambayo agreed with the lawyers of the accused, Mcdusman Kabega and Yunus Kasirivu, that the charge sheet does not clearly indicate who received the illicit drugs and their specifics.
“They charge them with supplying and dispensing restricted drugs but the name of drugs supplied is not mentioned, the date at which the case was committed is not clearly stated since they refer to the period between September and December 2012 and the person to whom the drugs was supplied is not mentioned so it’s hard to know where the case was committed since there was no recipient,” observed Kabega.
This implies that Kalungi will defend himself against charges of manslaughter and unlawful possession of narcotic drugs.
Represented by senior lawyer Geoffrey Kandeebe, Kalungi remains hesitant in applying for bail in fear of being re-arrested.
Meanwhile, state prosecutor Samali Wakhooli has challenged the bail application for Kalungi’s co-accused, saying state used a considerable portion of resources to secure their arrest.
“We don’t want to incur heavy costs in looking for the accused if they abscond,” said Wakhooli.
But Kabega blasted the prosecutor, saying all the accused have got their original passports in Police custody which the court can get once requested.
Meanwhile, the Chief Magistrate has adjourned the case to Feb 4 when the suspects will be returned to court and it is on the same date that the magistrate is expected to announce the date to start hearing the case.(Chimp Reports)
Article By: Micheal Nteza Date: 16th Jan 2013
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