PRINCIPAL Magistrate Fatimah Taeburi has vacated the long form preliminary inquiry into a Lungga murder incident due to the magistrate set for the hearing having another commitment.

Ms Taeburi told counsels from both the prosecution and defence that the hearing will not be possible on the said dates as the Chief Magistrate who set the date for hearing will be committed in another trial.

She also said that if she is free on the said dates she is willing to preside over the case but due to her commitment on another trial as well, it is best for the inquiry to be vacated.

Ms Taeburi then adjourned the case for the next 14 days for a Pre-trial Conference to enquire on why defence lawyers wanted to conduct a LFPI into the case.

She therefore orders that all counsels responsible for the case to appear on the next appearance.

The two men Mark Nalua and Barnabas Mwema were charged with one count of murder in relation to the incident which occurred at the Lungga area in 2015.

The allegation said that prior to the incident the deceased and his girlfriend met the two accused and had conversation with them, and on one occasion one of the accused had an argument with the girlfriend of the deceased.

Prosecution said that on the night of March 22 the deceased with his girlfriend were at the sisi dance and while the dance was still on the deceased along with his girlfriend went away from the dance area to have a chat in a bush near a creek, not far from the dance venue.

While the two were there, the girlfriend heard Nalua’s voice coming into the bush who then attacked the deceased.

According to the allegation, Nalua had a piece of stick, which he used to whip the back of the deceased’s head.

The deceased fell to the ground and Nalua then allegedly threatened the deceased’s girlfriend.

She however escaped from Nalua.

On 10am the next day, the body of the deceased was found floating in a creek near the sisi dance by some people.

The case was then reported to the police and an investigation was opened which led to the arrest of the two accused to appear before the court.

Office of the Director Public Prosecution appears for the state.