Magistrate Threatens Prosecutor As Kipoi Case Withdrawn

Extension II Magistrate, Kamogelo Mmesi on Friday threatened to throw prosecutor Elsie Kgaodi of Tlokweng police in jail for contempt of court before withdrawing a case in which Uganda’s former Member of Parliament (MP) in the Bubulo constituency, Tonny Nsubuga Kipoi is charged with obtaining by false pretence.

In the matter, Kipoi, who the police say is a prohibited immigrant was charged with swindling a client of P82,000 while pretending to be a traditional healer back in August 2009.

When appearing in court, his attorney Jerome Matomela, who had tried in vain to get his client bail, told court that the prosecution has not served them with the necessary documents, as ordered by the court in the previous appearance.

Following that submission from the defence counsel, a visibly upset Mmesi asked prosecutor Kgaodi why her orders have not been executed. At that point, Kgaodi told the court that there was nothing to serve the accused with as the accused had recently been arraigned. However, Mmesi said the prosecutor has a habit of ignoring court orders despite previous warnings from the court.

“Why have you not served the accused? You want to tell me there is nothing you have while you have arrested and charged someone? One day I’ll set an example with you because you have this tendency of disregarding my orders. I will lock you up for contempt of court,” an upset Mmesi said.

Meanwhile, Kgaodi told the court that the matter has stalled because they were still waiting for the complainant and witnesses to arrive from Holland.

But Mmesi took none of it as she proceeded to withdraw the matter with an option to reinstate it once the State is ready.

She warned the prosecution against registering cases while they are not ripe for trial. She said due to the coronavirus (COVID-19) restrictions, she does not believe that the complainant and the witnesses will be available on time for the trial to commence.