The Chief magistrate of Buganda Road Court Ritah Kidasa Wanyama and Chief State Attorney Richard Birivumbuka have defended themselves on the human rights violation allegations made against them by maverick city lawyer Male Mabirizi.
Through the Attorney General, Kidasa confirmed to the regional court that when Mabirizi denied to take plea on the fresh charges of broadcasting without a license after the Director of Public Prosecution (DPP) withdrew the earlier charges related to the now illegal computer misuse act, he went ahead and entered a plea of not guilty and accordingly was remanded to Luzira prison for more two weeks.
“That I wish to specifically deny the allegations made in paragraph 12, 13, 14,15 and 16 of the affidavit in support of the reference and state that all actions and decisions taken by myself in the criminal case against the Applicant are judicious and lawful given that the same are embedded within the laws of Uganda and are consistent with the Treaty for the Establishment of the East African Community including Articles 6(d), 7(2), 8, 23 and 30 thereof, the Constitution of the Republic of Uganda 1995, the Magistrate Courts Act Cap 19 and decided cases or precedents by the Court of law in Uganda,” Kidasa’s evidence affidavit reads in parts.
She further defended her decision of dismiss Mabirizi’s bail application stating that her ruling was read in an open court in the presence of him and his lawyers and prosecution where she detailed the reason backing her decision based on non-compliance with the Constitution and bail guidelines issued by former Chief Justice Owiny Dollo.
More Read
On the issue of declining to recuse herself from Mabirizi’s criminal proceedings on the ground of bias, she told Court that he directed him to file his submissions for his application and further remanded him for another two weeks after it was also dismissed.
In his defence, Birivumbuka also defended himself over allegations of violating Mabirizi’s rights noting that he sanctioned the criminal files against him basing on the investigations made by police’s Criminal Investigation Department (CID)
He further told Court that the ongoing criminal proceedings against Mabirizi stemmed from a complaint made to police by Court of Appeal judge Musa Ssekaana and Chief Justice Dr Flavian Zeija.
Birivubuka stated that investigations were made concerning the statements Mabirizi made on his social media platforms that Justice Ssekaana is incompetent to be a judge and Justice Zeija is a very corrupt person who sold his house to bribe his way to become a head of the judiciary.
In his rejoinder, Mabirizi asked Court to subject Kidasa and Birivumbuka to cross examination to help Court give him justice insisting that member State witnesses are hiding behind affidavits to mislead Court.
