Kampala,
30th/July/2014; a magistrate’s court at the Law
Development Center at Makerere in Kampala has granted a cash bail to the Board
Chairperson of the Human Rights Network for Journalists-Uganda, Mulindwa Mukasa
in a case where he is allegedly accused of obstructing a police officer from
arresting a suspect. The case was brought against him by the Wandegeya Police
Station Commander, Julius Caesar Tusingwire. Mulindwa denied the charges.
Prosecution led by
Naluzze Aisha Batala alleges that on 26th November 2013, Mulindwa
obstructed a police officer, Julius Caesor Tusingwire from arresting a suspect
at Wandegeya police station contrary to Section 238(B) of the Penal Code Act. However,
Tusingwire, who was not present in court, did not name the said suspect.
This comes just 20days
after Mulindwa Mukasa dragged Tusingwire to the High Court over inhumane and degrading
treatment, a case which is due to come
up on September 09th, 2014 before Justice Lydia Mugambe, in which he
prayed court to dismiss Tusingwire from the police force, among other prayers.
He has vowed not to abandon the case.
Mulindwa,
through his lawyer, Isaac Kimaze Ssemakadde prayed to court to dismiss the suit
on ground that he was not dully served with criminal summons as well as the
charge sheet by either a police officer or a court process server but learnt of
the case sent through an sms by the investigating officer to a third party. According to the case file, the charge sheet was received
by court on 17th/June/2014 and signed and sealed the following day.
“The failure to serve the accused was in bad faith, it tantamounts to violation
of his right to be served and to prepare his defence,” Ssemakadde told Court presided
over by the Senior Principal Magistrate Grade 1, Shwanda Nkore Jolly.
Mulindwa was released
on a cash bail of UGX 150,000/= (USD 60), with one surety, Martin Busuulwa
Nsereko, a journalist with WBS TV at a non-cash bond of UGX 550,000/= (USD 200),
but told to produce a second surety at the next court sitting. The matter was
adjourned to August 08th, 2014 for court to rule as to whether there
was due service to Mulindwa or not.
HRNJ-Uganda hopes that
the court will dismiss this case because it violated the procedures of natural
justice where the police declined to serve the defendant with the charge sheet,
and also issue him with summons. Court should not condone the police’s
violation of people’s rights to fair justice. We believe that this is a trumped
up charge aimed at intimidating Mulindwa to withdraw the earlier High Court Civil
case instituted against the DPC, Tusingwire.” said the HRNJ-Uganda National
Coordinator, Robert Ssempala.
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