The Makindye chief Magistrates has dismissed charges of negligence against talent manager and events promoter Abbey Musigunzi alias Abtex Promotions.
The charges were instituted few months ago after Abtex Promotions organising the ‘ party after party’ event at the freedom city Mall in which at least 10 people were crushed to death on New year’s day. Abtex was accused of negligence and allowing juveniles into an adult concert which led to stampede.
Initial police investigations had revealed that more than 500 revelers were in attendance at the “Party After Party” concert organized by Abitex Promotions. A stampede occurred when the Master of Ceremony instructed the packed crowd to move outside to witness a fireworks display in the parking yard. The crowd surged through a narrow passage, as four other exit routes had been locked by the organizers to prevent unauthorized entry. Tragically, several revelers were trapped and crushed in the narrow corridor during the stampede.
Grade One Magistrate Igga Adiru dismissed all 13 charges on Thursday, citing the failure of the Director of Public Prosecutions to produce a single witness to testify against Abitex and his co-accused, Elvis Francis Juuko, the Master of Ceremonies (MC).
The prosecution alleged that Abitex, Jjuuko, and others at large acted carelessly that day by closing off most of the exits, leaving only one small gate, which could not safely accommodate the more than 20,000 people in attendance. During the ensuing chaos as people tried to enter the hall after watching fireworks, eleven individuals lost their lives, and two others sustained severe injuries.
The victims included Margaret Nakatumba, Hadija Nakakande, Mary Namyalo, Ibrahim Kizito, Hakimati Hazama, Shafiq Mwanje, Viola Nakanwagi, and siblings Daniel Kibuuka and Kibuuka Daniella.
Abitex and Jjuuko were initially arrested by the police, sent to Luzira Prison on remand, and subsequently granted bail. They consistently maintained their innocence throughout the legal proceedings. However, the prosecution repeatedly failed to present witnesses against the suspects.
During the recent court appearance, Magistrate Iga decided to dismiss the charges against both individuals, with the caveat that the Director of Public Prosecutions could reinstate the case if witnesses were made available.
The dismissal came after a request from Musa Matovu, the lawyer representing the accused, who argued that the prosecution had been indecisive and unprepared to produce evidence against his clients. He pointed out that Abitex had suffered a loss of public trust and had incurred significant financial losses. Matovu suggested that responsibility should lie with the District Police Commander, the building owner, and the private security company present at the event, rather than solely with the organizers.
Matovu also mentioned that he awaited further instructions from his clients regarding the possibility of pursuing a civil case to seek compensation.
