Court of Appeal quashes Lulu`s age probe ruling

BY AISIA RWEYEMAMU

The Court of Appeal yesterday suspended the decision of the High Court of investigating the age of the actress Elizabeth Michael popularly known as Lulu who is charged with murder over the death of a local film star, Steven Kanumba earlier this year.

The higher court directed the case to be brought back to Kisutu Resident Magistrate's Court to proceed with the main suit.

Reading the ruling reached by a panel of three justices, High Court Registrar Zahra Maruma said according to the Court of Appeal ruling, Judge Twaibu Fauzi erred in making the decision that Lulus’s age be investigated.

“If he found any inadequacy he was supposed to bring back the file to the Kisutu court with instructions and not giving out the decision that the age be investigated,” she said.

The decision was reached after a panel of three justices heard the arguments submitted by both sides following an application filed by the prosecution side that requested the Court of Appeal to make a legal reference to the decision of the High Court.

In June, the High Court accepted an application by a panel of lawyers defending the actress, and directed that her age be investigated.

Ms Maruma said that the Judge Fauzi did not have the authority to make such a decision and instead he should have used his reference powers.

The prosecution filed an application to the Court of Appeal seeking the court to review proceedings and the ruling by High Court Judge Fauzi Twaibu, who had ordered the two parties to present evidence that would enable him to rule whether Lulu was under-age or not.

Judge Twaibu made the ruling after an application by Lulu’s counsel Peter Kibatara, who wanted the court to determine the accused person’s age.

According to Mr Kibatara, his client had not attained 18 years when she allegedly committed the offense and that “she is too young to be charged with murder in regular courts”.

SOURCE: THE GUARDIAN (06/10/2012): http://www.ippmedia.com/frontend/index.php?l=46620