Kabakumba cleared of mast theft charges
http://www.newvision.co.ug/news/632595-kabakumba-cleared-of-mast-theft-charges.html
Publish Date: Jul 03, 2012
By Vision Reporter
The Director of Public Prosecution (DPP) Richard Butera
has dropped mast theft charges against former minister for presidency Kabakumba Masiko.
The Bujenje County MP
in December last year quit her ministerial post over the scandal. She announced
her resignation at news conference at Parliament.
Speaking to the press, Kabakumba said she decided to step down to show a sign
of political responsibility.
Kabakumba, who read a statement to reporters, did not entertain any questions
from them.
“I have enjoyed every moment of my service to my nation always mindful that I
should not let down the trust bestowed on me by the President and people of Uganda. However
to err is human. Even when we still begrudge the manner in which justice may have
been exercised to its logical limit, it’s my humble patriotic duty and in the
interest of democracy, my party NRM and indeed my biological family, I will for
now give way to allow smooth and unfettered consideration of the controversy in
which I find myself in. I therefore resign my current responsibility of
Minister in Charge of the Presidency and Kampala Capital Authority with effect
from December 14,” Kabakumba said.
Her resignation came after intense pressure mounted on her in a meeting at
State House by both the Cabinet and NRM to vacate her seat.
Kabumba was accused of using a transmitter and other broadcasting equipment
belonging to Uganda Broadcasting Corporation (UBC), the public broadcaster,
without paying for them. This happened while she was still information and
national guidance minister.
Police recovered a stolen UBC transmitter from her radio station, Kings
Broadcasting Services in Masindi district.
ALSO SEE
Kabakumba Masiko resigns
http://www.newvision.co.ug/news/314859-Kabakumba-Masiko-resigns.html
Buganda riots suspects threaten to sue State
http://www.thepromota.co.uk/?p=6818
Free after 1,000 days in jail for no crimeHaving endured severe beatings, nursed life-threatening injuries, and been deprived of their right to a healthy environment while in police custody and in prison, 11 people yesterday rejoined their families after spending close to 1,000 days with the death penalty hanging over their heads.
They spent 32 months and three days in custody before High Court Judge Ralph Ochan ruled that they did not have a case to answer over terrorism in connection with the September 2009 riots that saw the torching of Nateete Police Station.
The former suspects now want justice to be done and will be pursuing the State for compensation for the very personal losses and inhumane treatment they suffered while in detention.
Their lawyers, Mr Medard Ssegona and Mr Apollo Makubuya, both very close associates of the Buganda cultural institution, yesterday said they have received instructions to compute and quantify the losses suffered ahead of a planned filing of a suit against the government.
Robert Ssekabira, Musa Sendeo alias Kakono, Kamada Nsubuga, Hakim Lwanga, Richard Kijjambu, Sam Ssemambo, Muzafaru Mugisha, Salim Magoba, Elisa Mujuni, Mohamed Sekatawa and Meddie Nsubuga all feel that what has played out through-out these many months has been a travesty of justice.
Judge Ralph Ochan would agree, announcing in court: “We are disappointed by the prosecution and police because they ignored the basic requirements in investigations and fundamental human rights of the accused persons.”
The violence which followed the September 2009 pro-Buganda Kingdom demonstrations, which later descended into rioting, seemed so far away, and the memory of the more than 30 people who died when security personnel intervened with brutal force, looked distant yesterday.
Judge Ochan said he was disappointed by the manner in which prosecution violated the fundamental human rights of the accused persons. The judge blamed the state for assigning incompetent officers to investigate a case of such seriousness.
For what the defence has always considered to be a case of malicious and politically-motivated prosecution targeting Buganda Kingdom, Mr Makubuya yesterday demanded that the State now apologises to the public over what he described as fabricated charges.
“This case has shown the police’s incompetence in handling cases, bringing evidence as well as preferring charges in an unprofessional way. The delayed justice also calls for government appropriately compensate the people,” he added.
Mr Ssegona, meanwhile, typically kept a straight face as he expressed sympathy for the Directorate of Public Prosecutions (DPP), whom he said tried to do a professional job to massage someone’s ego in a case which was brought in bad faith.
“[The] DPP was compelled to do a job brought to legitimise the illegitimate to use and abuse the court process. This has brought shame to the State,” Mr Ssegona said.
Police Deputy Spokesperson Judith Nabakooba did not have an immediate response when contacted, indicating that she needed time to consult but referred this newspaper to the DPP.
The DPP’s team, however, said the matter is not over yet. Ms Jane Kajuga, the publicist at the DPP, said they would internalise the court decision before announcing their next course of action.
“We shall study and analyse the court decision and the reasoning of the judge and thereafter, we shall be able to come up with a decision on whether to appeal or not,” she said.
But Mr Livingstone Sewanyana, the executive director of the Foundation for Human Rights Initiative concurred with the judge stating: “Terrorism is a very serious offence attracting the death penalty on conviction that you cannot simply hold it against a person who is just expressing his fundamental rights.”
He asked that the government offers redress for the wrongs occasioned to the accused persons, saying the State used the terrorism charge as a political offence against innocent persons as a way of creating a chilling effect among the population.
Uganda Human Rights Commission Chairman Med Kaggwa was hesitant to comment about the case. “I will need to first acquaint myself with the ruling,” Mr Kaggwa said.
Court drama and twists
During the hearing, the case was repeatedly marred by drama, accusations and counter accusations among witnesses and giving of contradictory statements. Other police witnesses went as far as accusing their seniors of giving false evidence to court, in effect, committing the offence of perjury (lying under oath).
For instance, witness Edward Mukholi failed to substantiate his testimony that two of the accused persons were convicts from a junior court. He could not give court a certified judgement copy as ordered.
Mr Mukholi testified that Elisa Mujuni and Mohammed Sekatawa had earlier been convicted by a junior court in Nsangi. Mr John Stephen Okello was accused of forging an exhibit slip to implicate the accused persons of theft before admitting that storekeepers did not sign the exhibit slip.
Apollo Mugabi told court his senior, Mr Reuben Wasiima, the former Nateete Police boss, lied to court in a statement that he released all the suspects from the cells due to smoke.
Sighs of relief in court
There were tears of joy at the High Court in Kampala yesterday morning after a case in which 11 people charged with terrorism in connection with the September 2009 Buganda riots was dismissed.
Judge Ralph Ochan discharged the group, part of an initial 25 people, who had been committed to trial for alleged terrorism, saying they did not have a case to answer.
A fully-packed courtroom was at first very silent when Judge Ochan began reading his ruling. When it dawned on the accused, their family, lawyers and well-wishers that they were free men, their solemn expressions gave way to rapturous whoops of delight. They did not wait for the judge to leave the courtroom before spontaneously breaking out in singing the Buganda Kingdom anthem.
Judge Ochan delivered a ruling which will have left a bitter taste in the prosecution’s collective mouth. Prosecutor Vincent Wagona’s explanation that any police officer can investigate a case of terrorism was roundly dismissed as an attempt to confuse court.
“The investigating officer was below the rank of a superintendent,” the judge maintained.
He also pointed out that there had been violations of Articles 28(1) and 44(c) of the Constitution, which provisions together guarantee the non-derogable rights to a fair, speedy and public hearing before an impartial court, and prohibit torture, inhumane or degrading treatment, among others.
The judge said there were numerous instances of illegalities and violatons of the law, substantive as well as procedural in the investigation and prosecution of this case that would, if allowed to stand, give rise to a grave miscarriage of justice. Judge Ochan said the evidence on record had been thoroughly discredited to render the whole prosecution a nullity.
“I am disappointed that a whole police station was burnt but the most incompetent police officers were dispatched to investigate. The evidence was full of lies,” he said.
The 11 witnesses, all police officers, testified against the 11, giving contradictory statements, while others accused their seniors of giving false evidence to court in this trial, which has been condemned by human rights defenders as a misuse of State authority.
Violence broke out in Buganda in September 2009 after government stopped the Kabaka from attending a youth ceremony in Kayunga District where the local community, the Banyala, wanted to break away from Buganda.
Security agencies said they feared that the Kabaka’s visit would spark violence, and stopped him from attending the ceremonies.
Yesterday, two years of heartache for the families came to a most emotional ending with most of the accused persons unable to put in words what they felt at walking free. They were crying tears of joys and something else.
By Juliet Kigongo
List of accused persons
As of 2010
Robert Ssekabira,
Musa Sendeo alias Kakono,
Kamada Nsubuga,
Hakim Lwanga,
Richard Kijjambu,
Sam Ssemambo,
Muzafaru Mugisha,
Salim Magoba,
Elisa Mujuni,
Mohamed Sekatawa
Meddie Nsubuga
Martin Bisaso,
James Nuwagaba
Mathias Senveewo
Adadi Kibuuka,
Paul Kikulwe,
Bob Kakembo
Bashir Mubiru
Sadat Luswata,
John Gafumba,
Livingstone Jeselo,
Gerald Kaaga,
Kassim Ntanzi,
Rogers Zinda,
Juma Sekyanzi
Released earlier
Martin Bisaso,
James Nuwagaba
Mathias Senveewo
Adadi Kibuuka
Paul Kikulwe
Bob Kakembo
Bashir Mubiru
Sadat Luswata
John Gafumba
Livingstone Jeselo
Gerald Kaaga
Kassim Ntanzi
Rogers Zinda
Juma Sekyanzi
Martin Bisaso
James Nuwagaba
Mathias Senveewo
editorial@ug.nationmedia.com
State loses case against Buganda riot
suspects
Publish Date: May 15, 2012
By Vision Reporter
High Court Judge Ralph Ochan Monday dismissed terrorism charges against the eleven Buganda riots suspects.
High Court Judge Ralph Ochan Monday dismissed terrorism charges against the eleven Buganda riots suspects.
He said prosecution has failed to adduce incriminating evidence before the court against the accused.
Justice Ralph Ochan in his ruling said that all the 11 police officers failed to give any evidence pinning the suspects that they participated in the act of terrorism and they could not bring any exhibit of the burnt remains.
Ochan added that there was violation of the suspects rights when the police detained them beyond the 48 hours provide by the constitution.
Ochan has ordered the prison to release the 11 suspects: Nsubuga Kamada, Meddie Nsubuga, Musigha Musafalu, Mujjuni Elisaa among others.
Defence lawyer Apollo Makubuya said they are planning to sue the government for illegal detention and prosecution the suspects.
Initially, 25 men were indicted on allegations that they burnt down Nateete Police Station in 2009 during a massive uprising that engulfed the city of Kampala after the Katikkiro of Buganda, John Baptist Walusimbi, had been blocked from going to Kayunga in Buegerere county to prepare for the Kabaka’s visit in September 2009.
However, the DPP dropped the charge against the 14 men, saying he was no longer interested in proceeding with the charge against them and the court also freed them.
Besigye wants DPP sacked
Publish Date: Mar 26, 2012
The
Forum for Democratic Change (FDC) party president, Dr. Kizza Besigye has asked
Parliament to pass a vote of no-confidence against the Director of Public
Prosecution (DPP).
He
said the DPP, Richard Butera is fond of imposing charges against members of the
opposition on the directive of the government.
While
presiding over a thanksgiving party of Paul Mwiru, the Jinja Municipality East
MP on Saturday, Besigye said the DPP was being used to fight political wars.
The
victory party was held at Walukuba play ground in Walukuba/Masese division in Jinja Municipality.
“I
am requesting Mwiru and other members of Parliament to pass a vote of no
confidence against the DPP. He has on several occasions labeled charges against
me including that of rape but each time he drops the charges before I even
defend myself in court and this shows how he is being used,” Besigye said.
He
also demanded that a commission of judges be established to investigate
Buteera's credibility, saying he [DPP] was being used to fight political wars
instead of being impartial.
Besigye
told the crowd that they [opposition] would not rescind their bid to do away
with the NRM government but through peaceful means.
The
three-time presidential election runner-up said during the walk-to-work
demonstration, he did not hold any weapon apart from his bag, but security was
deployed with tankers.
“This
government fears the power of people because there is nothing better than this
since power belongs to the people and accept intimidation,” he noted.
Besigye
argued that the police had turned into a weapon to fight the opposition yet it
can't solve political problems.
“We
don't want to change government through the use of gun but it is possible for
armless people to chase away armed people. We want even the police to join us
because no one can achieve something without fighting for it,” he said.
He
commended residents for voting Mwiru despite the heavy security deployment
aimed at ‘intimidating’
“We
need resilient leaders like Mwiru to take on such security operatives.”
Besigye
also lauded opposition members who pitched camp in the area and saw that as the
kind of unity needed to win other pending by-elections in Jinja and other
parts.
Salama
Musumba, the FDC vice president in charge of eastern region, told residents to
keep reminding Mwiru what he promised during campaigns.
Ibrahim
Ssemuju Nganda, Kyadondo east MP, asked residents to stop blaming their MP for
not attending parties and burials.
“The
thieves are ever in Kampala
and we are chasing them. But if we give them room while attending such
functions they will finish our country. So don't blame Mwiru for not attending
your parties and burials,” Nganda said.
In
his remarks, Mwiru called for unity among residents and pressed that the time
for politicking was over.
He
promised to work closely with area politicians so as to solve people’s problems
and also help them acquire land titles.
In
this years 'February 9, by-election, Mwiru trounced the incumbent, Nathan Igeme
(NRM) with 7,758 votes against 6,057 while DP's Alex Mufumbiro scored 291,
Ritchie Osinde of UPC polled 16 votes and Cranimer Dhikusooka, Independent, got
28 votes.
Police Arrest Women Activists For Storming DPP's Office
http://www.chimpreports.com/index.php/news/4531-breaking-drama-as-daring-women-storm-dpp-s-kampala-office.html
Daring women
activists in Kampala
have Tuesday stormed Director of Public Prosecution (DPP) Richard Butera’s
office, seeking his resignation for unprofessional conduct.
Armed with a petition, the women accused Butera of always rushing to
prefer charges against NRM’s political rivals basing on poorly conducted
investigations.
The surprise move caught police unawares as eight women and two men secretly marched
to Workers’ House undetected.
The move comes just a day after High Court Judge Ralph Ochan released
the remaining 11 Buganda
riot suspects, citing lack of evidence to implicate them.
The suspects, who were facing terrorism charges, had been at Luzira
Prison for a staggering three years on allegations of burning down Nateete
Police station during the September 2009 riots.
Amusingly, when they were brought to court, prosecution tendered
contradictory and flawed pieces of evidence thus compelling Ochan to dismiss
the case.
The case exposed the inefficiency of the police investigations body
and brought into question the integrity of the DPP.
On reaching Butera’s office, the women were told that he was not
around. They were advised to return
with their petition at 2pm.
The women activists said they would not sit idly looking on as DPP
abuses his office to trample on Ugandans’ human
rights.
“Imagine Buganda
youth spent three years in jail without trial. What kind of DPP is this? He
should resign. We cannot allow our citizens to rot in jail because of an
incompetent DPP. Why are you doing this to our people?” wondered Barbara
Allimadi, the commander of the women's march.
Allimadi asked government to release all political prisoners, saying
they are illegally detained on tramped up charges.She also said those in Luzira
for the murder of police officer John Bosco Ariong during a city rally must be released immedeately.
Allimadi is remembered for leading topless women a few weeks ago in a
city protest. The women were condeming the brutal manner in which one of their
colleagues Ingrid Turinawe was arrested at a rally in Nansana, Kamapala.
Butera says he was let down by witnesses’ refusal to give
incriminating testimonies against the suspects.
Uganda Peoples Congress has accused the Director of Public Prosecution
(DPP), Richard Butera, of succumbing to pressure in dropping criminal charges
against a former minister for the Presidency. Ms Kabakumba Masiko was until
Tuesday facing prosecution in a case that involved the misuse of Uganda
Broadcasting Corporation (UBC) equipments.
The DPP, however, withdrew the criminal charges and recommended that the aggrieved parties are free to pursue the matter in civil court. UPC vice president Joseph Bbosa told a weekly press conference at the party headquarters in Kampala yesterday that whereas the DPP sanctioned the charges against Ms Kabakumba, the same DPP was encouraged by unnamed individuals within the National Resistance Movement (NRM) government to let her free.
Why Kabakumba?
“How many opposition politicians are facing non-existent charges and how many have been let of the hook? How could the DPP drop the charges against her and then incriminate a mere manager at her radio station when she was the overall boss. It is not surprising because this is the practice of NRM since its parliamentary caucus has let off ministers in corruption scandals,” Mr Bbosa said.
The DPP decided not to pursue charges against Ms Kabakumba over a UBC transmitter that was recovered from her Masindi-based radio station, Kings Broadcasting Service (KBS), late last year. However, the DPP advised the aggrieved party, UBC, to institute civil proceedings against the former minister and management of her radio station.
Ms Kabakumba served as minister for Information and National Guidance when the alleged theft of several pieces of equipment from the national broadcaster’s installations in Masindi. Mr Bbosa said the DPP ought to have known that by the mere fact that she was a minister in-charge of the sector at that time, Ms Kabakumba had responsibilities of supervision and therefore, letting her off the hook was intentional.
Reminder
He likened this to the incident where two people were charged for murder and sentenced to death but then one person was hanged while the other was pardoned. “Letting off Kabakumba reminds us of back in day when both Chris Rwakasisi and Ali Ssebirumbi were both charged for murder and sentenced to hang. Whereas Ssebirumbi was executed, Rwakasisi was to be pardoned 20 years later and is now a senior presidential advisor on security. This tells the whole story of how that office functions.”
Mr Rwakasisi was the minister for security and Ssebirumbi was the UPC chairman for Luweero District in the Obote II government. However, in response to the criticism, Mr Butera yesterday said the findings by his office did not indicate anywhere that Ms Kabakumba had personally been involved in the use of UBC facilities by her radio station.
He also challenged the opposition to produce evidence that suggested that he was being used to cook-up cases against them.
“Kabakumba’s file was here, we looked through and there was no evidence to hold her personally liable. Criminal cases depend on individual involvement and that is why we dismissed it,” Mr Butera said.
“However, we have advised those concerned to hold those institutions that were found using UBC properties liable and this could explain why we didn’t initiate a case against the BBC because there was no person to be held responsible but as an institution, BBC has was found using UBC facilities and should be held liable,” the DPP added.
rwanambwa@ug.nationmedia.com
IN THE ARTICLE BELOW, SEE HOW THE STATE MEDIA MACHINERY RIDICULES THE LADY WHO TRIED TO CHALLENGE THE PARTIALITY OF THE DPP, SEE, HOW SHE IS LABELED MAD. SEE HOW THEIR LANGUAGE WATERS DOWN THE GRAVITY OF THE ISSUE AT STAKE.
UPC party criticises DPP over letting Kabakumba off the hook
By RICHARD WANAMBWA
Posted Thursday, July 5 2012 at 01:00
Posted Thursday, July 5 2012 at 01:00
The DPP, however, withdrew the criminal charges and recommended that the aggrieved parties are free to pursue the matter in civil court. UPC vice president Joseph Bbosa told a weekly press conference at the party headquarters in Kampala yesterday that whereas the DPP sanctioned the charges against Ms Kabakumba, the same DPP was encouraged by unnamed individuals within the National Resistance Movement (NRM) government to let her free.
Why Kabakumba?
“How many opposition politicians are facing non-existent charges and how many have been let of the hook? How could the DPP drop the charges against her and then incriminate a mere manager at her radio station when she was the overall boss. It is not surprising because this is the practice of NRM since its parliamentary caucus has let off ministers in corruption scandals,” Mr Bbosa said.
The DPP decided not to pursue charges against Ms Kabakumba over a UBC transmitter that was recovered from her Masindi-based radio station, Kings Broadcasting Service (KBS), late last year. However, the DPP advised the aggrieved party, UBC, to institute civil proceedings against the former minister and management of her radio station.
Ms Kabakumba served as minister for Information and National Guidance when the alleged theft of several pieces of equipment from the national broadcaster’s installations in Masindi. Mr Bbosa said the DPP ought to have known that by the mere fact that she was a minister in-charge of the sector at that time, Ms Kabakumba had responsibilities of supervision and therefore, letting her off the hook was intentional.
Reminder
He likened this to the incident where two people were charged for murder and sentenced to death but then one person was hanged while the other was pardoned. “Letting off Kabakumba reminds us of back in day when both Chris Rwakasisi and Ali Ssebirumbi were both charged for murder and sentenced to hang. Whereas Ssebirumbi was executed, Rwakasisi was to be pardoned 20 years later and is now a senior presidential advisor on security. This tells the whole story of how that office functions.”
Mr Rwakasisi was the minister for security and Ssebirumbi was the UPC chairman for Luweero District in the Obote II government. However, in response to the criticism, Mr Butera yesterday said the findings by his office did not indicate anywhere that Ms Kabakumba had personally been involved in the use of UBC facilities by her radio station.
He also challenged the opposition to produce evidence that suggested that he was being used to cook-up cases against them.
“Kabakumba’s file was here, we looked through and there was no evidence to hold her personally liable. Criminal cases depend on individual involvement and that is why we dismissed it,” Mr Butera said.
“However, we have advised those concerned to hold those institutions that were found using UBC properties liable and this could explain why we didn’t initiate a case against the BBC because there was no person to be held responsible but as an institution, BBC has was found using UBC facilities and should be held liable,” the DPP added.
rwanambwa@ug.nationmedia.com
IN THE ARTICLE BELOW, SEE HOW THE STATE MEDIA MACHINERY RIDICULES THE LADY WHO TRIED TO CHALLENGE THE PARTIALITY OF THE DPP, SEE, HOW SHE IS LABELED MAD. SEE HOW THEIR LANGUAGE WATERS DOWN THE GRAVITY OF THE ISSUE AT STAKE.
Cops Crestfallen As Boobful Alimadi Is Arrested
http://redpepper.co.ug/welcome/?p=37958
By Nicholas Mwesigwa
Cops at CPS were left crestfallen when Barbra
Alimadi was arrested by their female colleagues before she could torment them
again with a boob parade.
Alimadi, an FDC activist with a mouth-watering
cleavage stormed the station alleging that Police had detained some ladies and
for two weeks without producing them in Courts of Laws.
As she approached the station cops who are
usually stationed outside shot to attention as they braced for the
mouth-watering showdown.
However their female colleagues cut the act just
like the movie directors do while shooting scenes.
Alimadi was immediately arrested by riled
policewomen and dumped her in the coolers for nearly three hours before she was
released without any charge.
In statement she read to excited scribes, Alimadi said that, “on Tuesday 15th May I was arrested for
visiting DPP’s office which was a public office. Myself and other
concerned citizens had gone there to express concerns at the way the DPP
sanctions files. We were arrested and held for in a cell with other 6 girls.”
She further remarked that in the cell they found
young girls who shared with them that they had been detained for more than two
weeks without being prosecuted in Courts Of Law. So it was her responsibility
to fight for these girls’ rights.
However in the fracas lasted an hour, causing a
stampede and traffic jam around the station, onlookers managed to get a glimpse
of Alimadi’s succulent pair of mango-shaped breasts squashed in a push-up bra.
KMP DPC James Ruhweza who was at the scene and
ordered for her arrest but sneered at her saying she could be insane.
“If she wants to be a celeb let her join modeling
because she can do the job nicely other than coming to Police everyday,”
Ruhweza said.
PRO Kampala Metropolitan Ibbin Senkumbi said that
from the day Alimadi was detained for showing Police her nakedness, she has
been frequenting the Station over 50times. Police
have been forced to reach a conclusion that she may be insane.
“After herarrest she has been coming to this
place over 50 times citing a lot of wordsone can think she is insane. But we
didn’t arrest her just we removed her fromthe road for causing chaos. She let
her go,” Senkumbi said.
