Kampala, 16th/January/2012;
Court has adjourned the hearing of a case in which Uganda Record Managing
Editor Timothy Kalyegira is accused of defamation.
The City Hall Grade one Magistrate, Juliet Hatanga adjourned
the case to 10th/February because the state prosecutor failed to
turn up in court.
Kalyegira, who was granted bail by the court, has been under
police harassment since Aug 3rd 2010, where he has been summoned to report to
Kira road police station for more than 18 times.
The defense lawyer Ladislaus Rwakafuuzi wants court to
dismiss the case on grounds that the charge sheet does not clearly explain what
exactly the accused did that defamed the person of the president. “It is
ambiguous and therefore my client can not defend himself against a case that he
is not sure about. So court should dismiss it because it is wastage of time,”
explains Rwakafuzi.
Prosecution alleges that on 12th and 16th July 2010 in
Kampala district, with intent to defame the person of the president, Kalyegira
unlawfully published defamatory matter on the Uganda Records, an online
publication when he published that government was behind the plantation of the
bombs that went off on July/11th killing more than 80 Ugandans at the Ethiopian
village in Kabalagala and Rugby Club in Lugogo.
The government came out and blamed the bombs on al-shaabab,
a terrorist group linked to al-Qaeda. So it was incensed that the Uganda record
publication had run a different story version. Kalyegira was interrogated by
security personnel at the CID, which later on searched his home and confiscated
his laptop, cell phone, internet modem and passport. The passport has since
been returned to him.
Section 179 of the Penal Code Act of 1950 states “Any person
who, by print, writing, painting, effigy or by any means otherwise than solely
by gestures, spoken words or other sounds, unlawfully publishes any defamatory
matter concerning another person, with intent to defame that other person,
commits the misdemeanor termed libel”.
However this law is being challenged by a group of
journalists led by Barnard Tabaire in the Supreme Court.
“Human Rights for Journalists-Uganda (HRNJ-Uganda) believes
that this is yet another measure by the government to frustrate Kalyegira’s
resolve to defend himself through an expeditious court process. We therefore
call on the court to dismiss the case since government is failing to prosecute
it in time.” Said the HRNJ-Uganda Programme Coordinator, Wokulira Ssebaggala.
For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre.
School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com
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