Chief Registrar, His Worship Paul Gadenya
KAMPALA: The Judiciary has noted with concern the misleading media reports against the conduct of one of its judicial officers.
The reports that have been shared widely on digital platforms, including Facebook and Twitter, seem to suggest that the Kajjansi Magistrate Grade One,H/W Hope Bagyenda, tried to frustrate a defilement case against a one Bishop Patrick Makumbi.
The Hon. the Chief Justice and the Inspector of Courts have had an opportunity to internally investigate the reports and below are the findings:
a) There is no defilement case against Bishop Patrick Makumbi that has been filed or brought to the attention of Court to date.
b) Instead, Bishop Makumbi's name is mentioned in the particulars of an offence of "Giving False Information" contrary to Section 115 (a) of the Penal Code Act before the Kajjansi Magistrates Court.
Particulars of the offence: "It is alleged that Nalweyiso Shamila alias Nansubuga Kirabo (A1), Nanangwe Peace (A2) and another still at large on June 18, 2016, gave information whichthey knew to be false to wit D/CPL Kozaala Aramanzan attached to Kajjansi Police Station, that Nalweyiso Shamila alias Nansubuga Kirabo was defiled, impregnated and later aborted by Bishop Makumbi Patrick with the intention of having the said Bishop arrested so as to have him divert his time and services to the investigation of such information."
c) The facts on the case file indicate that the accused persons first appeared before the Court on September 22, 2016 and were remanded to Naguru Remand Home (A1) and Kigo Prisons(A2) because the prosecutor was not around. A1 is a 16-year-old minor and A2 is a 40-year-old.
d) A2 took plea on September 28, 2016. She was released on a non-cash bail on October 17, 2016 after producing substantial witnesses. A1 was not in court then because the Naguru Remand Home authorities failed to produce her.
e) A1 took plea on October 3, 2016. She too was released on a non-cash bail on October 24, 2016 after fulfilling the bail conditions.
f) The hearing of the matter commenced on December 5, 2016. Three state witnesses had testified by February 7, 2017 when the two accused persons did not appear in Court as required.The Court issued Criminal Summons against them.
g) On March 29, 2017 when the matter came up, still the accused persons did not turn up. The Court issue da warrant of arrest following an application by the prosecution.
h) The police executed the warrant of arrest against both accused persons on May 30, 2017 and straightaway produced them before the magistrate at Kajjansi Court. The State successfully applied for the cancellation of their bail on ground that they had jumped bail. The Court remanded A1 back to Naguru Remand Home and A2 to Kigo Prison.
i) The duo re-appeared in Court on June 12, 2017, but the matter did not proceed because the prosecution file was not in court. The Court heard that the Director of Public Prosecution (DPP) called for the file and had not returned it.
j) The Court allowed the two accused persons to re-apply for bail - the state did not object to the application and their bail was reinstated. The Court cautioned the applicants not to breach the sub-judice rule while on bail and the matter was adjourned to July 11, 2017 for further hearing.
Please note that the power to institute criminal charges, prosecute and to discontinue any criminal proceedings against anybody lies with the DPP.
As an independent and competent institution charged with dispensing justice to all, we do not accept any suggestion or innuendo that the Judiciary is a corrupt institution, except where such claims are supported with undisputed evidence.
Our findings are that there is no maladministration of justice in that matter. In the meantime, the Hon. the Chief Justice has however, directed the expeditious trial and conclusion of this matter.
Posted 15th, June 2017
