The case against event promoter Abbey Musigunzi, also known as Abitex, alleging carelessness that led to eleven fatalities at Freedom City, Namasuba during the 2023 New Year’s celebrations has been dismissed by the Makindye Chief Magistrates Court.
Grade One Magistrate Igga Adiru dismissed the 13 charges on Thursday, citing the Director of Public Prosecutions’ office’s inability to present even one witness to testify against Abitex and his co-accused, Master of Ceremonies Elvis Francis Juuko (MC).
The prosecution claims that Abitex, Jjuuko, and other significant individuals committed a haste and negligence act by shutting down other exits and leaving only one little gate that was too narrow to allow more than 20,000 people to leave safely.
The prosecution further stated that eleven individuals, including children, lost their lives and two others suffered serious injuries during the altercation that broke out as people fought to enter the hall after watching fireworks.
Margaret Nakatumba, Ibrahim Kizito, Hakimati Hazama, Shafiq Mwanje, Viola Nakanwagi, Hadija Nakakande, Mary Namyalo, and siblings Daniel Kibuuka and Kibuuka Daniella are among the deceased.
After being detained by the police, Abitex and Jjuuko were placed under remand in Luzira Prison, granted bail, and required to appear in court regularly to assert their innocence. Nevertheless, witnesses to testify against the suspects have not been called by the prosecution.
Iga dismissed the charges against the two when the case was brought up for discussion on Thursday. She also said that the DPP might reinstate the case at any point if she had witnesses available.
The accused persons’ attorney, Musa Matovu of Lukwago, and Company Advocates requested the dismissal, claiming the prosecution had been dragging its feet and was not prepared to present evidence against its clients.
He mentioned that, for example, people no longer trust Abitex because they believe it is incapable of planning a peaceful event that draws sizable crowds.
According to Matovu, they had lost business and, in any case, they ought to have held the building’s owner, the local District Police Commander, and the on-site private security firm responsible rather than the event organizers.
Matovu stated to Uganda Radio Network that he is awaiting more directives from the customers before determining whether to file a civil lawsuit seeking damages.
More than 500 people were attending the concert dubbed “party after party,” which was put on by Abitex Promotions, according to preliminary police findings. However, there was reportedly a stampede as the Master of Ceremony urged the crowded audience to disperse so they could see the fireworks show in the parking lot.
Four more exit routes were sealed by the organizers to prevent unregistered partygoers or outsiders from entering, but the police said that the throng went crazy and forced their way through a tight passageway into the parking yard. Then the tight corridor imprisoned and trampled upon several celebrants.