Hearing of the case where Muslim clerics are accused of terrorism and murder charges commenced yesterday before the High Court’s international war crimes division.
The first witness, a Police surgeon from Naguru Health Center IV (names necessarily withheld), who was consulted to test the mental health of the suspects, confirmed to court that all the three he tested; who included Tabliq leader Sheikh Yunus Kamoga, Mudde Bukenya and Fahad Kaulungi, were found to be healthy with no chronic illness or physical injuries.
During the hearing, the three Judges, Ezekiel Muhanguzi, Percy Tuhaise and Elizabeth Nahamya ordered that all witness identities and photos must be kept confidential for security purposes. This was upon request from the prosecution.
Meanwhile another witness told court, that Sheikh Mustafa Bahiga before his death was heard shouting the name of Sheikh Yunus Kamoga.
The state witness, who is a clinical officer from Namulundu Hospital in Kajjansi testified in court that while still on the stretcher, Sheikh Bahiga repeatedly muttered, “Kamoga, is this what you have decided to do? It is alright, I will die for the religion.”
The witness further told court that the critically injured Bahiga kept on ripping off the drip cannulas from his body while pleading with the doctors to let him end his suffering since he knew he was to die in a few minutes.
Bahiga died shortly afterwards in an ambulance that was transferring him from Namulundu Hospital.
The defense lawyers led by Fred Muwema tasked the witness to clarify on whether the deceased said the full names of Kamoga, and he replied that he only repeated one name Kamoga several times.
Another witness, the then Head of Criminal Investigations at Bwebajja Police Station informed court that on the 28th December, 2015 he received a call informing him that there was a shooting at Bwebajja Mosque, and the victim turned out to be Sheikh Bahiga.
The officer says he interviewed one of the bystanders at Bwebajja Mosque who informed him that Sheikh Bahiga had been shot while in his car, by two people who were moving on a bodaboda.
He added that he saw the said car parked at the mosque with bullet holes and blood stains and learnt that its 2 occupants had been rushed to Namulundu hospital, as one of them in critical condition.
Like the previous witness, this too did not single out any one of the 14 suspects on the stand.
Shk. Yunus Mohammed Kamoga is jointly charged with 13 other people with the murder of Sheikhs Mustafa Bahiga and Hassan Kirya and for threatening the lives of many more.
In an amended charge sheet, prosecution contends that the fourteen Muslim leaders led by Kamoga and others still at large, between December 2013 and June 2015 at various places in Kampala, with malice aforethought unlawfully caused the death Bahiga who was shot to death at Bwebajja and also Hassan Ibrahim Kirya who was shot at Bweyogerere in Wakiso district.
Prosecution further contends that these, with others still at large with intent to threaten or with political influence attempted to murder Sheihks, Mahamood Kibaate, Sonko Najib, Prince Khasim Nakibinge and Harunah Jemba.
Hearing of the case continues this afternoon.