Makindye Chief Magistrates Court has this Tuesday morning acquitted and discharged two Daily Monitor editors accused of forging President Museveni’s letter on Bunyoro/Bafuuruki land question.

Mr Daniel Kalinaki, the managing editor, and Mr Henry Ochieng, the political editor, were acquitted by Chief Magistrate Joyce Kavuma, citing failure by prosecution to prove the vital ingredients of forgery that would necessitate them to defend themselves against the allegations.

“I find that there has been no evidence to prove the fundamental ingredients of forgery. I uphold the submissions of ‘no case to answer’ and I dismiss the charge of forgery against the accused under section 127 of the Magistrates Court Act,” held Ms Kavuma while acquitting the editors.

The magistrate also in her ruling ordered the State to refund the editors bail money.
The editors’ lawyer James Nangwala scoffed at the office of Director of Public Prosecutions for having gone ahead to sanction forgery charges against his clients just to serve the interest of other people.

The private secretary to the President in charge of legal affairs, Ms Joyce Kabatsi was also present at court to hear the ruling. Ms Kabatsi was one of the five state witnesses who testified against the editors.

Prosecution had alleged that the editors between July 31, 2009, and August 2, 2009, at the Monitor Publications Ltd offices in Kampala, despite publishing the correct content of the letter on the newspaper’s website on July 31, subsequently forged the same letter by way of introducing alterations in the Sunday Monitor of August 2, 2009 titled: ‘Museveni’s letter on Bunyoro land question’.

In the then controversial letter, President Museveni was, among others, proposing the ring-fencing of elective political positions in Bunyoro for natives who are outnumbered by immigrants.

In her ruling, the magistrate asked the state to appeal if they felt dissatisfied.

awesaka@ug.nationmedia.com