The High Court in Masaka has directed exam body, UNEB to produce the Uganda Certificate of Examination results for the students accused of torching a dormitory at St. Bernard Secondary School, Manya in Rakai district.The school fire in 2018 led to death of 10 students and others injured.
On Tueday, Lady Justice Victoria Nakintu Katamba directed that the UCE results be presented to enable court determine the age of the accused students.The directive followed a petition by parents represented by lawyer Samuel Ssekyewa seeking the dismissal of charges against their children.
They alleged that the rights of the accused minors were violated when they were detained alongside adults.
The defense lawyer argued that the government’s actions infringed upon the rights of underage detainees who, despite their status, were not segregated from adult prisoners.This assertion was contested by the chief state attorney Noah Kunya, who claimed to have been unaware of any such violations until recently.
The defence lawyer argued that the UCE results slip of Taremwa is pivotal in establishing his age, a crucial detail for the ongoing trial.Ssekyewa further alleged that the State deliberately omitted this document, suggesting it was vital for determining the age of the accused persons.
Responding to the defense’s claims, Kunya contended that the applicants had misdirected their legal action against Uganda itself, rather than the Attorney General as required by constitutional provisions.However, Judge Nakintu upheld Ssekyewa’s argument, emphasizing the importance of complete documentation in such serious cases.
The High Court had been scheduled to deliver a verdict in the case, but proceedings were halted after these allegations surfaced.
Ssekyewa further informed the court that he had formally requested St Bernard Secondary School Manya and UNEB to provide the Primary Leaving Examination (PLE) pass slips and Uganda Certificate of Education (UCE) results of the accused students to establish their ages definitively but until now they have refused.He asked the court to issue an order to UNEB and St. Bernard’s SS administration to present the UCE pass lip so that court can decide what to do for these students who have been on remand for now six years.
The court also set deadlines for the submissions where St Bernard Secondary School Manya and UNEB are required to furnish the UCE results slip of Taremwa by July 19 and subsequently file a rejoinder affidavit.Additionally, the secretary of UNEB was directed to provide the PLE pass slips of Taremwa, Alex Mugarura, and Kisule Dickson, who took their exams in 2018 and 2014 respectively with the case adjourned to July, 22 for further proceedings.
The four accused were, Henry Talemwa Mmale, Alex Mugalula Junior, Edison Aliyo, and Dickson Kisuule were reportedly minors at the time of their arrest.Expressing concern over the delay, relatives of the accused students urged court to expedite the legal process, emphasizing the prolonged wait for justice.
