On Hearing UCC Prosecutors Have His Blood Samples Taken on the Day He Was Arrested Vandalizing ATC Masts, Kisekka Market Mechanic Gets Cowed & Calls for Negotiations under Plea-Bargaining

By Mulengera Reporters

Quarish Yasin Lubowa Segirinya is a 30-year-old Kisekka market mechanic who is one of the many suspects state prosecutors from Uganda Communications Commission (UCC) have been prosecuting for much of this year.

This has been happening at the Utilities, Standards & Wildlife Chief Magistrates Court based at Makindye. It’s in this court that all communications sector and industry-related offences are prosecuted.

These include offences to do with vandalism and stealing of the very expensive telecommunications equipment like lithium batteries etc.

These batteries are enablers for thousands of ATC-owned telecom mast sites scattered across the country including the one at Namakonkome near Matuga, where Quarish is alleged to have been arrested vandalizing stuff one night during the month of May of last year.

Acting on behalf of American Tower Corporation (ATC) who are the complainants in this case, state prosecutors from UCC have been bringing and leading witnesses inside Court in order to make out and corroborate their case against Quarish. He is unrepresented, which means he is his own lawyer.

Even when he is an ordinary person, Quarish (who was tried before and convicted on related offences and served out his jail sentence) has been a hard one for prosecution witnesses to face in Court. He is good at cross-examining those prosecution has been bringing to give evidence against him.

He has caused a lot of damage to categories like askaris, ATC security supervisors and even Police officers who were involved either in his arrest or in processing his file.

Even when he seems battle-hardened and courageous, Quarish (who has many times reached out to the prosecution calling for plea-bargain) last Monday had reason to worry and exhibit some nervousness. Plea-bargain is an arrangement or procedure under which the accused person saves the state’s time by pleading guilty in return for lenient sentencing.

The state prosecutors from UCC informed Gladys Kamasanyu, the trial Magistrate, that they still have more witnesses to bring and that their next one is going to be a forensic expert.

This witness will be giving evidence helping to place Quarish onto the crime scene using technological capabilities and means. This could be by way of using finger prints that could have been captured and stored on the night he was arrested at the Namakonkome site.

Alternatively, such forensic expert’s evidence could be by way of blood samples collected from the crime scene which will have to be matched to him, using scientific means.

Prosecution says that the night he was arrested, Quarish tried to escape by scaling up the wall fence and in the process fell down and blood oozed out of his body. Prosecution could take that direction and present overwhelming evidence, effectively placing him onto the crime scene.

Whatever fears he developed, that Monday Quarish suddenly indicated to the Magistrate he would want to try the plea-bargain option one more time.

“They keep saying I’m casual and not being serious about plea-bargain but Your Honor, the problem is those state lawyers. They are being too rigid and that’s why we haven’t been able to make much progress on those five occasions I have tried. But I request Your Honor to allow me try this one more time. If we don’t reach any deal, then I will leave everything into the hands of God my creator. He is the one who will guide me on how it ends,” Quarish told Court during the Monday session.

Kamasanyu told him it was up to him to explore whatever option he chooses because the law, and rules of prudent practice, permits him to. He and the state prosecutors will be updating Court at the subsequent sitting on the progress that they will have made regarding the plea-bargaining option. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).