The Republic Of Uganda v Opoka Pyenlyce David Nicholas (Cr.Case No. 83 Of 2003) (Cr.Case No. 83 of 2003)
The Republic Of Uganda v Opoka Pyenlyce David Nicholas (Cr.Case No. 83 Of 2003) (Cr.Case No. 83 of 2003) [2009] UGHC 118 (5 March 2009)
The court found that the six-year delay in prosecuting the accused, with no commitment for trial and no withdrawal of the charge, constituted an abuse of court process. The accused suffered oppression and prejudice due to the ongoing bail conditions and the stigma of a serious criminal charge. The Director of Public Prosecutions failed to inform the court of the status of the case or respond to summons. The High Court, exercising its inherent and statutory jurisdiction, determined that it must intervene to prevent further abuse and administer justice. Accordingly, the charge of treason agains…
Source excerpt
- Treason
- Abuse Of Process
- Prosecutorial Delay
- Bail Conditions
- Inherent Jurisdiction