Judiciary salutes magistrate on Besigye case
KAMPALA.
The Judiciary has applauded Nakawa Chief Magistrate for standing his ground and resisting state pressure to have the treason file of opposition leader Dr Kizza Besigye transferred to Luzira court.
While applauding Chief Magistrate James Ereemye’s assertiveness, Principal Judge Yorokamu Bamwine explained that his spirit of not yielding to pressure from the state, demonstrated the independence of the Judiciary.
“No person or authority shall interfere with courts. People will come before you that they have received intelligence reports, they will ask you to sit in chambers and not in open court, if you allow them, they will soon take over your court…” said Justice Bamwine last Friday while closing a week-long training of judicial officers on mediation in Kampala.
The administrative head of the High Court and lower courts added: “I think the Nakawa Magistrate should be applauded for standing his ground to resist the forces that had wanted a certain file transferred to Luzira court…colleagues, today is one person, tomorrow it is another person, we have to be consistent…..”
The applause for Magistrate Ereemye by the Judiciary came days after he rejected the state’s pleas to have Dr Besigye file transferred to Luzira court for purposes of mentioning.
The state in its submission about a fortnight ago, cited security threats that could be breached between Luzira prison and Nakawa court to back up their request to court.
While rejecting the state’s plea last week, Mr Ereemye said the prosecution’s submissions in support of transferring Dr Besigye’s case file to Luzira court were not backed by evidence. The magistrate ordered that Dr Besigye’s file remain in his court and Dr Besigye continue appearing before the court until further directives by Chief Justice, DPP (Directorate of Public Prosecutions) or the High Court.
“The submissions of the prosecution were not supported by any evidence that this court would premise its findings to move the mentioning of this case to another place. Further, if security was the concern, no guarantees were told to this court intended to avert the threats if any when the case is moved to Luzira court or any other place. All this was hearsay.”
Magistrate Ereemye added: “I do not wish to undermine the duty of the state to ensure the security of its citizens but I am convinced that the state has the capacity to provide security in respect to this particular case.”
“But for this court to allow such an application in the circumstances of this case without sufficient evidence and just cause furnished that is to serve the ends of justice, would be to set a wrong precedent that would undermind the sanctity and reputation of the courts. The accused persons must always appear in the courts where they have been arraigned for the mentioning. Application disallowed”
The Magistrate’s ruling came on the heels of Dr Besigye’s letter, dated May 30, to the Chief Justice seeking the his intervention through issuing the necessary instructions and directions to the courts to ensure that his rights are not trampled on.
Catholic Bishops had earlier-on warned the judiciary over what they called a growing tendency to allow itself to be used by government in its disputes with opponents.
In a related development, justice Bamwine used the same forum to warn all Chief Magistrates who he said are in the habit of directing junior magistrates under their control to decide cases based on their interests and not the law.
