Mike Chibita the Director of Public Prosecution (DPP) has dismissed allegations that government dropped charges against Dr. Aggrey Kiyingi due to lack of sufficient evidence linking him to the gruesome murder of Muslim clerics in Uganda last year.
While appearing before the High Court in Kampala on Thursday, State Prosecution removed Australian based Ugandan cardiologist Dr Kiyingi from the list of people implicated in the murder of Muslim clerics last year.
Dr. Kiyingi, Sheikh Muhammad Yunus Kamoga, the Amir Ummah and 31 others (as per the amended indictment) are accused of masterminding the killing of Sheikh Mustafa Bahiga, the former Kampala District Amir and top Shia Cleric Sheikh Abdulkadir Muwaya among others.
Chibita told Journalists at the Media Centre in Kampala on Friday that Dr. Kiyingi was removed from the charge sheet for tactical reasons but he would still face charges in case he is arrested and brought back in the country.
“The fact is that we withdrew charges against Dr. Agrey Kiyingi. This is because in law, if you have accused a group of people and a time comes for you to present them before court, once one of them is missing from the dock and you have his name on the charge sheet, it is a technicality for the defense to exploit and say you are prosecuting people who are absent,” Chibita explained.
He added, “Anybody that we have not arrested by the time we go to court we remove him from the charge sheet, it’s not that we don’t have enough evidence against Kiyingi; this is a tactical thing to ensure that the trial of others goes along.”
“As you all know Kiyingi was indicted and as prosecution we have enough evidence against him; we are waiting to arrest him and once we have him, he will be added on the charge sheet.”