High Court Judge Anthony Ajok Ayu has stepped down from hearing murder case against Brian Bagyenda, the son of Internal Security Organisation (ISO) boss Kaka Bagyenda, after plea bargain procedure failed.
The judge noted bias and time as his reasons saying the current session will be ending this Friday and it wouldn’t make sense for him to commence trial on a case he will not be able to conclude.
Even though state represented by Joseph Kyomuhendo was ready to commence trial with five witnesses for the day, the presiding judge Anthony Ajok Ayu said he cannot continue with the case.
Judge Ajok noted that he is limited by two factors of bias and time. He says from the very start of the case accused Brian Bagyenda expressed interest in plea bargain until the parties in the case failed to agree.
This he says leaves him biased hence preferring that the case be forwarded to another judge for hearing by the head of the division.
The high court judge adds that he is limited by time too since his criminal session is ending on Friday this week, even if he started hearing the case he will not have time to conclude it.
“From the very start A1 has opted for plea bargain until it failed, I also have one week left to complete the session on Friday that even if I started the case, it will not be able to take off.”
He added, “I will also be biased since I listened to the option of plea bargain, and in the interest of justice I will forward the case to the head of the division for relocation to another judge and fixing”
Bagyenda is accused alongside two others of the murder of his former girlfriend Enid Twijukye in 2016. After committal, Bagyenda expressed interest in plea bargaining, a new initiative that allows an accused person plead guilty to an offense and negotiate for a more lenient offense.
The process prior to his plea didn’t yield agreement however and his lawyer Nsubuga Mubiru is ready for trial.