Otunnu in court for defaming President Museveni
KAMPALA.
The lawyer representing former Uganda People’s Congress (UPC) party president Olara Otunnu in the case in which he is accused of defaming President Museveni, has asked Court to recall the witness who earlier testified in camera to testify afresh.
In a session before Buganda Road Chief Magistrate’s Court Mr Asuman Basalirwa was moved to make this request upon the state prosecutor Mr Peter Mugisha seeking court indulgence to block journalists from covering the trial citing that the witness’ security is threatened.
“Your honour, the state should have assisted court by providing evidence on how the witness’ security would be threatened. But, he did not, so we feel it is no longer necessary to hide,”Mr Basalirwa said.
Mr Basalirwa said “I as well pray that the witness is recalled to testify afresh in an open court not withstanding that I had earlier proceed in camera believing that the witness had security fears.”
He added that court should guard the principle of open justice jealously, as a defence counsel, his rights are subordinate to his client and the media under article 28 of the constitution.
In reply Mr Mugisha argued that the previous hearing where journalists were blocked from covering the case was not in bad faith.
The trial magistrate Ms Joan Aciro adjourned the matter to July 20, this year for a ruling.
Last year, Mr Otunnu while appearing in court denied the charges and was released on a sh20m cash bond.
Mr Otunnu’s troubles stems from a January 16, 2013 press conference he addressed and allegedly questioned the deaths of what he called President Museveni’s allies since the Front for National Salvation’s (Fronasa) struggles to date, saying they should be investigated.
Prosecution contends that on January 16, 2013 at UPC party headquarters at Uganda House, in Kampala, Mr Otunnu, with intent to defame President Museveni, allegedly caused a publication of a defamatory matter.
The said incidents include: atrocities in Luwero while Museveni commanded rebellious forces between 1981 and 1986; the massacres of Muslims in Ankole in 1979, when Museveni was commander of the Western Axis of anti-Amin forces, composed mainly of his FRONASA contingent.
Others are; the massacre at Ombaci in West Nile in 1981; the scorched-earth counter-insurgency operations and genocide in northern and eastern Uganda between 1986 and 2006; and the wanton killing of unarmed demonstrators on the streets of Kampala, in September 2009.
Otunnu reportedly pointed out that a lot of disappearances and mysterious deaths had occurred under Museveni’s watch and authority since the Front for National Salvation’s (FRONASA) struggles to-date, saying they should be investigated.
His remarks prompted the Attorney General to write to the then UPC president giving him five days to make a public apology for his comments, or face legal action. Otunnu has since declined to make any apologies for that matter.
The State further claims that on February 28, 2013 without reasonable excuse, the UPC leader also ignored a police summon to appear before the Media Crime Department at CIID despite acknowledging receipt of the summon at a press conference he convened at Uganda House.