Monday, 11 December 2017

When the catholic church in Uganda fights renegade priests using secular law: State loses interest in Fr.Kibuuka case; Catholic lawyers protest


State loses interest in Fr.Kibuuka case; Catholic lawyers protest

Catholic lawyers have protested the move by court to allow the state withdraw from the case in which Fr.Jacinto Kibuuka, the new Bishop of the Antiochian Eastern Orthodox Church was sued for abusing Catholic church leaders.
Shortly after his consecration, the lawyers filed for criminal prosecutions against Kibuuka on accusations of uttering words and engaging in act that ‘injured feelings’ of the Roman Catholic Church leaders and followers when he referred to them as ‘abayaaye’(crooks) while appearing on a local radio station.
The Director of Public Prosecutions (DPP0 as mandated by the constitution took over the matter for it was criminal in nature.
Kibuuka was due to appear in court for plea taking but he never showed up twice.
Plea taking refers to the process where the accused either denies or accepts to having committed the offence.
However, on Friday, the prosecutor Superintendent of Police Mark Odong told court that the Director of Public Prosecutions in a letter dated November 28, was no longer interested in pursuing the matter.
In response, the catholic lawyers represented by Jude Mbabaali objected to the decision by the state to withdraw from the case saying by the time the DPP made the decision, he had not carefully read through the case file to get accustomed with the facts and evidence therein.
Mbabaali asked court to refer the matter to the Constitutional Court to decide whether it was right for the state to lose interest in a matter yet they had not carefully read through the case file.
However in response, Emmanuel Muwonge,a lawyer who represented the DPP said that the provisions of the law that allow him(DPP) take over private criminal prosecutions also allows him to withdraw from any matter he deems fit.
Meanwhile, Buganda Road grade one Magistrate Charles Yeteise ruled in the favor of the state arguing it was constitutional for the DPP to withdraw from the matter as he deems fit.
“Court cannot question the DPP’s way of work and reasons he does so,” Yeteise said before allowing the DPP to formally withdraw from the case and proceedings closed.
Lawyers protest
Speaking to journalists shortly after the case, Mbabaali said it was absurd that the state had withdrawn from the matter.
“DPP’s withdrawal only serves to show that government is behind Fr.Kibuuka,”Mbabaali said.
“We as Catholic lawyers think it is government’s intension to disunite the Catholic Church but we will not allow it continue.”
Mbabaali vowed the lawyers would sit and forge a way forward including petitioning in a higher court against the ruling of the Magistrates court.
“We are going to pursue him until he stops abusing the Catholic Church.”
The criminal proceedings against Fr.Jacinto Kibuuka have now formally been stopped.

Bishop Kibuuka defies court summons in defamation case 

By Michael Odeng
Added 29th November 2017 12:59 PM

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 Ssewungu and Uganda Catholic lawyers’ member who is also the Masaka district chairperson Jude Mbabali leaving court

Bishop Kibuuka is wanted for allegedly uttering demeaning words against Archbishop Cyprian Kizito Lawanga and Gulu Diocese Archbishop John Baptist Odama

Buganda Road Court has extended criminal summons against the newly concreted Evangelical Orthodox Bishop, Jacinto Kibuuka, to appear in court to answer charges of committing acts that wound or injure the feeling of Catholics.
Kibuuka was today supposed to appear in court to plead to the charges of uttering words with deliberate intention of wounding religious feeling of Catholics contrary to section 122 of the Penal Code Act Cap 120 but in vain.

However, his lawyer Anthony Wameli informed court that his client was unable to come to court because he received the summons late (yesterday afternoon).

The suit against Kibuuka was filed in court by Kalungu East Member of Parliament Joseph Ssewungu and a group of lawyers from the Uganda Catholic lawyers Society.

According to the charge sheet signed by magistrate Ereemye Mawanda, Bishop Kibuuka is wanted for allegedly uttering demeaning words against Archbishop Cyprian Kizito Lawanga and Gulu Diocese Archbishop John Baptist Odama, who he referred to as ““abayaaye” (crooks).

The case has been adjourned to December 8.

Father Kibuuka ordained bishop of Orthodox Church 

Kampala, Uganda | THE INDEPENDENT | A move that angered clerics in the Catholic Church, Father Jacinto Kibuuka was on Nov.12 ordained as the first bishop of the antiochian central and Eastern Orthodox Church at his MAMRE International Prayer Centre in Namugongo.

The event graced by Orthodox Church Bishops from neighboring Kenya, DRC, Cameroon and Canada in addition to Ministers from the central government was however condemned by the catholic church whereby in a statement before the event clarifying that Kibuuka is doesn’t belong to the antiochian catholic church presided over by His Beatitude Moran Mor Ignatius Joseph III Jonan for anyone to cross over they need permission of the pope. Rev. John Baptist Odama the chairman of Uganda Episcopal Conference said the similarity of Kibuuka’s group liturgy to the Roman rite is wrong as no genuine eastern Catholic rite uses vestments of the Catholic Roman rite.

Kibuuka was excommunicated from the Catholic Church last year. His new segment is estimated to have a following of about 1.8million followers.

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