High Court judge, Isac Muwata has declined a request by one of the accused persons in the murder of Maria Nagirinya and her driver Ronald Kitayimbwa to disqualify one of the assessors from the case.
Copriyan Kasolo, alias Arsenal on Thursday asked that Sharon Mutoni be disqualified as an assessor in the case after accusing her of bias.
“My Lord, I request that one of the female assessors (Mutoni) recuses from the case because she was nodding her head meaning she was accepting everything the witness was saying. This meant she was showing her emotions,”Kasolo told court on Thursday.
When asked to defend herself, the assessor dismissed the claims saying there was no point during the trial that she was nodding her head.
“It is not true that I nodded in court in regards to what was happening,” Mutoni said.
Reasoning with the assessor, the state prosecutors described the request by Kasolo as one based on wild guesses and speculative.
“When she says the assessor was nodding her head , this can’t be interpreted as if she was believing or disbelieving or whether she was nodding on what was transpiring in court or not. It is unfair for the accused to presume .Court can’t even rule whether she was nodding or not,” Chief State Attorney Jonathan Muwaganya told court.
In his ruling, trial judge, Isaac Muwata reasoned with the assessor and the state that there is no proof to show she was nodding.
“There appears to be no justification for the assessor’s recusal,” Justice Muwata ruled.
The judge also overruled Kasolo on his request for court to avail him with a copy of the constitution, the Penal Code Act, Judicature Act and the Trial and Indictment Act to enable him to acquaint himself well with the law as he defends himself in the case.
Justice Muwata told the accused to make use of the legal aid clinic at Luzira Upper Prison which has copies of the materials he had requested for.
Six people including Copriyan Kasolo, alias Arsenal, a shoe hawker in Nateete; Sharif Mpanga, Johnson Lubega alias Rasta unemployed; Nassif Kalyango alias Muwonge and Hassan Kiseeka alias Masadda both boda-boda riders in Kitaka Zone in Nateete and Sadat Kateregga’s alias Baros face charges related to kidnap, aggravated robbery and murder of Nagirinya and her driver Ronald Kitayimbwa which happened in 2019.
