Kampala, 07th/Feb/2012; Court in Kampala has thrown out a
case of forgery against the Daily Monitor Managing Editors, Daniel Kalinaki and
the political editor Henry Ochieng, on grounds that the prosecution failed to
adduce sufficient evidence to sustain the charge.
“Clearly the accused were charged in court for publishing
misquotations, and from the foregoing, I therefore uphold the submission of no
case to answer and I dismiss the charge of forgery and acquit Accused 1 (Daniel
Kalinaki),” ruled Joyce Kavuma.
She contended that prosecution had not adduced satisfactory
evidence to prove that Henry Ochieng had a case to answer.
“I dismiss the case against Accused 2 (Henry Ochieng) and I
acquit him …he can not be said to have forged Monitor newspapers… Since he had
authority to publish the newspaper…” Kavuma ruled adding that court should refund
Kalinaki and Ocheing’s money they paid for bail.
It has been over two years since the two editors were
arrested and charged with forgery -the first journalists in the history of
Ugandan media to be charged with forgery.
The prosecution led by Samali Wakholi had alleged that the duo, between July 31, 2009 and August 2nd 2009 at the Monitor publication offices in Kampala, despite publishing the correct content of the letter on the newspaper website on July 31, subsequently forged the same letter by way of introducing alterations in the Sunday Monitor of August 2nd, 2009 titled; ‘Museveni’s letter on Bunyoro land question’. The editors denied the allegations.
The prosecution led by Samali Wakholi had alleged that the duo, between July 31, 2009 and August 2nd 2009 at the Monitor publication offices in Kampala, despite publishing the correct content of the letter on the newspaper website on July 31, subsequently forged the same letter by way of introducing alterations in the Sunday Monitor of August 2nd, 2009 titled; ‘Museveni’s letter on Bunyoro land question’. The editors denied the allegations.
In the said letter, President Museveni, in a bid to calm
down the tensions between the
locals in Bunyoro, was proposing that elective positions be ring-fenced for natives that
are out-numbered by the majority immigrants.
locals in Bunyoro, was proposing that elective positions be ring-fenced for natives that
are out-numbered by the majority immigrants.
“We welcome the court’s ruling. This case was indicative of
the state’s interest to frustrate the critical media by dragging them to court
in such unsustainable cases. The state should realize the need for a free media
in a democratic society and desist from criminalizing the work of journalists
in Uganda,”
said the HRNJ-Uganda Programme Coordinator Wokulira Ssebaggala.
Kalinaki feared that the state would bring up new charges
against critical and investigative journalists, “Dear colleagues thank you for
the support. But I am worried that since they have lost this battle, they will
soon institute others charges to perpetually keep some of us in court.” He said
soon after being acquitted.
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
Website: www.hrnjuganda.org
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