Magistrate orders Kayihura to shut up over FDC treason case
Maj. Gen. Kayihura has been criticised for making comments on a pending case.
What you need to know:
Undermined. Mr Ssewanyana says police action tried to undermine the constitutional right to a fair trial which is being promoted and supported through a court process.
Human rights activists last evening welcomed court’s decision barring police chief Maj. Gen. Kale Kayihura from commenting on an ongoing treason case in which members of the FDC have been remanded in connection with the walk-to -work protests.
More than three weeks ago, FDC women league leader Ingrid Turinawe, Mr Sam Mugumya, a political assistant to party leader Kizza Besigye and Francis Mwijukye, the head of the FDC youth wing, were remanded over charges of alleged treason.
Nakawa Chief Magistrates Court Charles Sserubuga yesterday ordered Maj. Gen. Kayihura to stop commenting on the case.
His order followed a petition by counsel for the defence that he and other officers have been going around publicly purporting to have evidence pinning the accused, which they said was not right because this prejudices the proceedings.
“The court is right in its decision. It is good for the rule of law,” said Mr Livingstone Ssewanyana, the executive director of the Foundation for Human Rights Initiative (FHRI), a body that has separately petitioned the Constitutional Court challenging the treason case preferred against the suspects. Mr Ssewanyana added: “The right to freedom of expression is not absolute; one of the grounds to restrict it is when a matter is before court. The decision is trying to protect the parties before court from being adjudged unfairly due to undue influence of public opinion.”
According to Mr Ssewanyana, the police action was trying to undermine the constitutional right to a fair trial which is being promoted and supported through a court process.
But Police spokesperson Judith Nabakooba yesterday said the accusations against the Force were baseless.
“We are always mindful of the sub judice rule that is why it is very hard to for us to simply comment.”
“Much as the court has ordered so, we respect the court process more than anybody,” she added.
Magistrate Sserubuga, in his order, said: “This is a high profile case with a lot of public interest therefore the police chief should act like a professional lawyer because he knows the law very well. He should stop making comments on a case still pending in court,” Mr Sserubuga said.
Mr Sserubuga’s order also included instructions to the state to speed up investigations and have the accused persons committed to the High Court by November 28. He remanded the suspects to the same date.
Ms Turinawe; Mr Mugumya and Mr Mwijukye are part of 15 opposition members who allegedly mobilised the launching of simultaneous riots countrywide until government is overthrown.
