Masaka High Court has acquitted a student accused of being involved in a tragic fire that killed ten students and injured thirty others at St. Bernard Manya Secondary School.
The student, Henry Taremwa, was one of three accused, and his lawyers claimed there had been serious violations of their rights, including being held in an adult facility despite being a juvenile at the time of his arrest.
During the hearing, Taremwa’s lawyer, Sam Ssekyewa, presented evidence showing that Taremwa was born on May 23, 2002, making him a minor when the fire occurred in November 2018.
The court was provided with documents, including Taremwa’s baptism card and his Uganda National Examinations Board (UNEB) certificate, confirming his age.
Judge Victoria Nakintu Katamba ruled that Taremwa’s rights had been violated, as he spent over five years in adult detention instead of the maximum three to six months allowed for juveniles.
“The proceedings against him are a nullity and should be discontinued,” Justice Katamba stated, ordering his immediate release.
However, the court did not find sufficient evidence to support claims from the other two accused, Alex Mugarura Junior and Dickson Kisule, that their rights had been violated regarding their timely arraignment in court.
Justice Katamba ruled that they were not juveniles at the time of their arrest and that their cases would continue to be heard.
Lawyer Sam Ssekyewa welcomed the ruling for Taremwa, saying the evidence presented was compelling.
He expressed gratitude to the court for recognising Taremwa’s rights but noted that they are still considering their options regarding the other accused students, particularly in light of the ruling on delayed trials.
The two remaining accused are currently held at Masaka Main Prison, facing charges related to the deadly dormitory fire.
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