Grade One Magistrate Damalie Agumasimwe has declined to recuse herself from the case in which Robert Kyagulanyi Sentamu’s bodyguard, Eddie Mutwe, and 19 others are accused of illegal drilling, ruling that her handling of the proceedings does not amount to bias.
The recusal application was made by co-accused Alex Waisswa Mufumbiro, who recently lost the Nakawa East parliamentary election while in prison.
Mufumbiro accused the magistrate of bias, citing the denial of mandatory bail at a previous court session.
The application, made orally, was initially challenged on procedural grounds, although the court later considered it on merit.
“Court finds the claim unsubstantial. Mere dissatisfaction of the accused following court decision does not guarantee bias,” the ruling partly read.
While the ruling dealt a blow to the accused’s expectations, the mood in court briefly shifted when Magistrate Agumasimwe ordered the prosecution to close the existing charge sheet.
She reasoned that the continued addition of new suspects was delaying the progress of the case.
The magistrate clarified that should fresh suspects be identified, the prosecution would be free to institute separate proceedings under a new charge sheet.
The directive followed complaints from defence lawyers, who argued that the ongoing inclusion of new accused persons was prejudicing their clients and prolonging pretrial detention.
“The fact that there are other people at large shouldn’t deprive the other 20 the chance for a speedy trial. Should A1 wait for A40 to get justice?” defence lawyer Kakuru Tumusiime asked.
At the close of the proceedings, the prosecution applied for the regulation or total restriction of media coverage, arguing that extensive reporting, particularly live coverage, could pose security risks to court officials and witnesses yet to testify.
The request was strongly opposed by the defence team and by Mufumbiro himself, who argued that media coverage served the public interest and ensured transparency, especially given the political profile of the accused.
“Take my example. I am the deputy spokesperson of the National Unity Platform. Limiting coverage of this case is not only against principles of press freedom but also a deprivation of the public from following their leaders’ predicament,” Mufumbiro told court.
In her remarks, Magistrate Agumasimwe expressed concern about the scale and nature of media coverage, particularly live blogging from the courtroom, saying the matter raised issues that required careful consideration.
Court is expected to rule on whether media coverage will continue when proceedings resume on February 5, 2026.
